DIVISIONAL CONTROLLER Vs. NARAYANBHAI K PATEL

JUDGEMENT

(1.) THIS petition has been filed against the judgment and award dated 10.04.2008 passed by the Industrial Tribunal, Ahmedabad in Reference (IT) No.109/2003 whereby, the reference was allowed and the penalty of stoppage of five increments with future effect imposed upon the respondent workman was set aside and the petitioner has been directed to make payment of all consequential benefits and cost of Rs.500/.

(2.) THE facts in brief are that the respondentworkman was served a chargesheet in connection with a vehicular accident alleged to have been caused by him. After holding due enquiry, the competent authority imposed the punishment of stoppage of five increments with future effect upon the respondent, vide order dated 31.07.1996. The respondent had preferred first as well as second appeals against the said order of punishment. However, both the appeals were rejected. Being dissatisfied with the same, the respondent raised an industrial dispute by way of a reference. The Tribunal allowed the said reference, by passing the impugned award. Hence, this petition.

(3.) HOWEVER , it is a matter of record that the respondent workman had committed nineteen different defaults in the past prior to the accident in question. Considering the past record of the workman , I am of the view that the Tribunal ought to have imposed some penalty upon the respondent. In my opinion, if the penalty of stoppage of three increments with future effect is imposed upon the respondent, the same would meet with the ends of justice.