S T CORPORATION Vs. SECRETARY

JUDGEMENT

(1.) By way of this petition under Article 227 of the Constitution of India the petitioner-Gujarat State Road Transport Corporation has prayed for an appropriate writ, order or direction quashing and setting aside the impugned order dated 16/04/2005 passed by the industrial tribunal in Reference (I.T.) No. 355/2002 by which the industrial tribunal has partly allowed the reference and interfered with the order of punishment imposed by the first appellate authority of imposing punishment of stoppage of one increment with future effect and substituting it to stoppage of one increment without future effect.

(2.) On conclusion of departmental inquiry against the petitioner for non issuance of ticket, the disciplinary authority imposed punishment of recovering only Rs. 3/- and the reviewing authority interfered with the said order of punishment and passed an order of imposing punishment of stoppage of one increment with future effect, which also came to be interfered with by the Industrial Tribunal. The industrial tribunal vide impugned judgement and order substituted it to stoppage of one increment without future effect.

(3.) Heard Ms. Sejal Mandaviya, learned advocate appearing on behalf of the petitioner and Shri Mukesh Rathod, learned advocate appearing on behalf of the respondent and considering the impugned award, it appears that the learned Industrial Tribunal has exercised the powers under Section 11(a) of the Industrial Disputes Act by substituting the order of punishment by the first appellate authority. Considering the fact that the charge and misconduct of non issuance of ticket came to be established and proved and when the reviewing authority imposed the punishment of stoppage of one increment with future effect, the Tribunal was not justified in interfering with the same in exercise of powers under Section 11(a) of the Industrial Disputes Act.