THAKORBHAI A GAJJAR Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) For not obeying the order of his superior officer to do the alignment work, the petitioner-workman was punished by the respondent-Corporation by reverting him on the minimum pay scale of Rs.295/- from Rs.981/-. The same was challenged by the petitioner-workman before the Industrial Tribunal. The learned Tribunal partly accepted the reference by modifying the punishment of reverting the petitioner to the minimum pay scale of Rs.295/- by imposing penalty of stoppage of 5 increments with future effect by its judgment and award dated 9.3.1999. This is challenged in this petition by the petitioner-workman under Art.227 of the Constitution of India.

(2.) Learned counsel Mr.Rathod for the petitioner vehemently submitted that the misconduct committed by the workman was not of such a serious nature, which calls for the punishment of stoppage of 5 increments with future effect. He submitted that when the learned Tribunal itself found in para 7 of its award that there was no intention on the part of the workman deliberately not to obey the order of his higher officer, then punishment of stoppage of 5 increments with future effect was not called for. He submitted that though the Tribunal interfered with the original order of penalty imposed by the respondent-Corporation by placing the petitioner workman at his original pay scale of Rs.295/-, the learned Tribunal ought not to have imposed the penalty of stoppage of 5 increments with future effect. He submitted that the penalty of stoppage of 5 increments without future effect was sufficient. He, therefore, submitted that the learned Tribunal failed to exercise its jurisdiction, therefore, this court may interfere and modify the punishment to the stoppage of 5 increments without future effect.

(3.) However, Mr.Desai submitted that this court has limited scope under Art.227 of the Constitution of India. He submitted that when the Trial Judge exercised its just discretion in favour of the workman, then this court may not interfere with such orders in this petition filed under Article 227 of the Constitution of India when the learned Tribunal has not committed jurisdictional error.