Y M DIWAN Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) BY way of this petition, the petitioner has challenged the judgment and award of the Industrial Tribunal, Dated : 03.03.2008, rendered in Reference (I.T.) No. 84 of 2005, whereby, the Tribunal rejected the said reference.

(2.) BRIEF facts of the case are that the petitioner was working as conductor with the respondent. On 15.11.1994, while the petitioner was on duty on a bus enroute to Segpur to Nasawadi, a surprise checking of the said bus was carried out and it was found that the petitioner had not properly punched the tickets issued to two passengers and had also taken back the same at the time, when the said passengers were getting off from the bus. Hence, a departmental inquiry was conducted against him and on completion of the same, since, the charges levelled against the petitioner were held to be proved, he was imposed the punishment of stoppage of five increment with future effect. The petitioner, therefore, raised an industrial dispute in which the Tribunal passed the impugned judgment and award. Hence, the present petition.

(3.) INSOFAR as the quantum of punishment imposed on the petitioner is concerned, it is an admitted position that on account of the act of the petitioner, the respondent has not sustained any actual monetary loss. Therefore, only on the premises that the respondent would have incurred financial loss, the punishment imposed on the petitioner appears to be a little on higher side. I am, hence, of the opinion that the ends of the justice would be met, if, taking into account the 19 past defaults on the part of the petitioner, he is imposed the punishment of stoppage of three increments with future effect in place of stoppage of five increments with future effect.