DIVISIONAL CONTROLLER Vs. GIRDHARBHAI THAKARSHIBHAI TANK

JUDGEMENT

(1.) RULE. Ms. Parikh, learned Counsel appearing for the respondent, waives service of notice of Rule. With the consent of the learned Counsel appearing for both the sides, the matter is finally heard today.

(2.) THE only question, which arises for consideration in the present case is whether the Industrial Tribunal could exercise the power under Section 11a of Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act' for short), in a case where the charges proved were of misappropriation and the punishment imposed was for putting the concerned respondent employee six stages down in the pay-scale.

(3.) THE short facts of the case appear to be that on spot checking, it was found that certain tickets were reissued and the money was collected. Therefore, the charge-sheet was issued and ultimately the inquiry was held. The charges were proved before the Inquiry Officer. Ultimately the Disciplinary Authority imposed the punishment of dismissal, against which the matter was carried in the First Appeal before the Appellate Authority, who modified the punishment and reinstated the respondent, but in the pay-scale of six stages down and it further ordered to treat the period during which the employee was on suspension as without wages. The said order was confirmed in the Second Appeal before the Competent Authority of the S. T. Corporation.