DIVISIONAL CONTROLLER Vs. GANESHBHAI ISHWARBHAI RATHWA

JUDGEMENT

(1.) THIS petition is directed against the award dated 28.07.2006 passed by the Labour Court, Vadodara in Reference (LCV) No. 909/2002 whereby the Labour Court has directed the petitioner to reinstate the respondent on his original post without backwages.

(2.) THE brief facts of the case are that the respondent was working with the petitioner corporation as a conductor. On 01.06.2000, the respondent was found to have misappropriated some amount by way of tampering with the tickets. The respondent was therefore issued with a charge- sheet and a departmental inquiry was initiated against him. At the conclusion of inquiry, after the charge levelled against him was proved, punishment of stoppage of five increments with future effect was imposed. Against the same, the petitioner preferred review and the workman filed appeal. The Reviewing Authority dismissed the appeal filed by the workman and allowed the review preferred by the petitioner and accordingly vide order dated 21.05.2002 passed in Review Application, the punishment of stoppage of five increments with future effect was enhanced to dismissal from service. Being aggrieved by the said dismissal, the respondent raised an industrial dispute which was referred to the Labour Court for adjudication. The Labour Court after hearing the parties passed the aforesaid award.

(3.) MR . Dipen Shah, learned advocate appearing for the respondent workman has supported the impugned award and submitted that the same being just and proper does not call for any interference by this Court.