BHASKARBHAI ZIPARBHAI KANVAR Vs. DIVISIONAL DIRECTOR

JUDGEMENT

(1.) HEARD learned advocate Mr. J.K. Parmar for the petitioner and learned advocate Ms. Archana Patel for learned advocate Mr. Hardik C. Raval for the respondent -Corporation. The petitioner -workman has sought to challenge judgment and award dated 3rd January, 2009 of Labour Court, Valsad passed in Reference (LCV) 253 of 2006 whereby the Labour Court rejected the Reference of the workman.

(2.) THE petitioner -workman was employed as Conductor with the respondent -Corporation. He was subjected to departmental inquiry. The misconduct was of collection of fare without issuing tickets in a bus plying from Vapi to Pipalset on 12.06.2003. Upon a checking undertaken by the checking Squad of the Corporation, it was noticed that the workman had not issued tickets to a group of two passengers though he had collected amount of Rs. 12 towards fare. In the bus, there were 33 passengers in total. The inquiry officer held the charge of misappropriation as proved and punishment of dismissal was imposed by the competent authority.

(3.) IN Divisional Controller, KSRTC (NWKRTC) v. A.T. Mane [ : (2005) 3 SCC 254], the supreme court has propounded that awarding of punishment of dismissal could be justified in the cases of gross misconduct of misappropriation. It was observed that in such cases, generosity or misplaced sympathy by the court has no place. It is considered trite that since conductor holds the position of trust in public corporation, the misconduct of the nature of misappropriation could not be viewed leniently for the purpose of imposing punishment; more particularly when it was proved in an inquiry properly held.