GHELABHAI CHHIBABHAI PATEL Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) HEARD learned advocates for the parties.

(2.) IN short, it was the case of the petitioner, who was working as Conductor, before the Tribunal that when he was discharging his duties on 9.3.1993 en route Kaliawadi the bus was intercepted and it was found that the two passengers did not carry tickets out of the total 4 passengers in the bus and the fare was recovered. Charge -sheet was issued, which culminated into punishment of dismissal which subsequently was reduced in the Second Appeal into that of reduction to minimum pay -scale. This order of appellate authority reducing the employee to the minimum pay -scale was disputed and dispute was raised which was referred to the competent authority wherein it was marked as aforesaid. The Industrial Tribunal has recorded its findings with regard to the satisfaction of the penalty imposed and hence rejected the reference vide order dated 14.5.2003 which is impugned in this present petition.

(3.) SHRI H.S. Munshaw learned advocate contended that the findings of the Industrial Tribunal cannot be said to be so perverse as to call for any interference under Article 227 of the Constitution of India. Shri Munshaw submitted that the findings recorded by the Industrial Tribunal go to show that the order of punishment was just and proper and, therefore, the Court has rightly rejected the reference.