GOPALBHAI PUNJABHAI VANKER Vs. AHMEDABAD MUNICIPAL TRANSPORT SERVICE

JUDGEMENT

(1.) Heard Mr.C.B. Dastoor, learned counsel for the petitioner and Mr.H.S. Munshaw, learned counsel for the respondent.

(2.) Being aggrieved by the award dtd.25/8/1998 passed by the Labour Cour, Ahmedabad in Reference (LCA) No.2104 of 1986, the workman is before this Court under Article 227 of the Constitution of India with a submission that even for a small lapse, withholding of three increments is shockingly disproportionate.

(3.) Short facts necessary for disposal of the writ application are that the petitioner while working as conductor was paid 50 paise and was asked to issue a ticket. He was issued a ticket for 40 paise and instead of returning / refunding the balance amount of 10 paise, he wrote on the back of he ticket that the money can be collected at the bus terminus / depot. When the passenger asked for the cash return, allegations say that he misbehaved with the passenger and abused him. A chargesheet was issued and after holding an inquiry into the conduct of the workman, he was directed to be removed from the services. The Labour Court in a reference at the instance of the workman, however found that the termination was shockingly disproportionate, set aside the termination, directed reinstatement with penalty of withholding of three increments with cumulative effect and without back wages.