GSRTC Vs. CHHAGANBHAI D JAMBU

JUDGEMENT

(1.) xxx xxx xxx

(2.) The short facts leading to the present petition are that the respondent who was engaged as a Conductor by the petitioner Corporation was alleged to have been found to be carrying ticketless passengers though fare was collected from them on 16.4.85. For the said misconduct, a charge -sheet came to be issued by the petitioner on 23rd April 1984. Pursuant to the departmental inquiry conducted, the Disciplinary Authority awarded the penalty of dismissal from service which the respondent challenged before the appellate and revisional authorities. Having failed before both the authorities, the respondent approached the Labour Court, Surat by filing Reference (LCS) No. 88/86. The Labour Court considered the defence of the respondent plausible that the respondent did not have sufficient time to issue tickets to all passengers since according to him, the bus was checked barely two kilometers from the starting point. The Labour Court, therefore, decided to ignore the past defaults and exercised powers under Section 11 -A of the Industrial Disputes Act and opined that the ends of justice would be served if the order of dismissal is set aside and is substituted by the penalty of withholding of two increments without future effect, however, directed that the reinstatement may be carried out without backwages.

(3.) The petitioner has challenged the said order of the Labour Court and contended through its learned counsel that the Labour Court has grossly erred in setting aside the order of penalty when the charges were proved against the respondent. It is pointed that the default card of the respondent was produced before the Labour Court in which as many as 50 different defaults were recorded.