DIVISIONAL CONTROLLER Vs. S T KARMACHARI UNION

JUDGEMENT

(1.) HEARD learned advocate Ms. S. K. Mandavia for the petitioner.

(2.) IN the present petition, the petitioner has challenged the award passed by the Industrial Tribunal, Baroda in Reference (IT) No. 95 of 1999 dated 9. 4. 2003 whereby the Industrial Tribunal has set aside the punishment imposed by the reviewing authority dated 17. 6. 1995 and maintained the order of punishment imposed by the competent authority dated 31. 12. 1994.

(3.) LEARNED advocate Ms. Mandavia submitted that the respondent was working as Driver in the petitioner Corporation. That on 9. 6. 1993 he was on route from Jamnagar to Mumbai. Before the Boriwali station reach, the bus was stopped in a way and two passengers were taken and therefore, the charge sheet was served to the respondent workman and punishment was imposed of stoppage of one increment without cumulative effect by order dated 31. 12. 1994. Against which, appeal was preferred wherein the punishment was enhanced by the reviewing authority by order dated 17. 6. 1995 and five annual increments have been stopped with cumulative effect. She further submitted that the Tribunal has committed gross error in coming to conclusion that reviewing authority has not power to enhance the punishment. She also submitted that recently, the Division Bench of this Court in Reference No. 1 of 2007 has decided that reviewing authority has power to enhance the punishment. Therefore, the award passed by the Tribunal is required interference by this Court. She also submitted that workman has committed misconduct in allowing two passengers in a way and not issued the tickets upto Boriwali which being a serious misconduct and therefore, the punishment was rightly enhanced by the reviewing authority. She also submitted that the appellate authority during the appeal, entitled to review the matter and also enhance the punishment. Therefore, the Tribunal has committed gross error in setting aside the punishment imposed by the reviewing authority.