GOVINDBHAI MOHANBHAI GARNADA Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) The judgement and award dated 21.4.2014 passed by the Labour Court, Amreli, in Reference LCA No. 5 of 2008 calling in question the punishment imposed on the petitioner on the charge of misappropriation of the ticket fare of Rs. 4/- while he was discharging his duties as conductor in the State Road Transport Corporation - respondent employer herein, is under challenge in this petition.

(2.) The learned counsel for the petitioner drew the attention of this court to the stand taken by the petitioner during the inquiry that in response to the gestures made by some passengers standing on the road for allowing them to board the bus, the driver stopped the bus midway on humanitarian consideration and before the tickets could be issued to such passengers who were allowed to board the bus, the checking squad embarked the bus at the spot which was at a distance only one kilometer from the spot where the passengers were taken as above, tickets could not be issued to the said passengers before arrival of the checking party. It was contended that such facts were explained to the reporter who, however, proceeded to make report against the petitioner after recording the statements of the passengers. The learned counsel submitted that the driver who had stopped the bus as aforestated was not examined and thus, the inquiry proceedings were conducted in violation of the principles of natural justice. The learned counsel submitted that in view of section 11A of the Industrial Disputes Act, the Labour Court ought to have exercised the discretion by altering the punishment to anything less than dismissal and that having regard to the misappropriation of only Rs. 4/- such a harsh punishment was uncalled for. It was argued that the Labour Court failed to appreciate the said aspect which has resulted into miscarriage of justice.

(3.) On the contrary, the learned counsel for the respondent Corporation pointed out that the petitioner was involved in a misconduct of serious nature. In his submission the nature of misconduct and not the quantum of amount involved therein is a deciding factor and in a case like misappropriation of money or corruption, the learned counsel would contend that the dismissal is the only punishment as indicated in U.P. State Road Transport Corporation v. Suresh Chand Sharma (2010) 6 SCC 555, more particularly, paragraphs No. 21 to 24 which read as under: