G.S.SINGHVI, J. - (1.) This is an appeal under Clause 15 of the Letters Patent for setting aside order dated March 6, 2002 passed by the learned single Judge in Special Civil Application No. 1081 of 2002, whereby, he quashed award dated February 20, 2001 passed by the Labour Court No. 3, Vadodara, in Reference No. 109 of 1999.
(2.) The facts: The Appellant joined service of Gujarat State Road Transport Corporation (for short 'the Corporation') as Conductor. On October 3, 1995, the line checking squad, S.T. Vadodara, found that while he was on duty on Chhota-Udaipur to Kanavat route, the Appellant had taken money from three passengers but had not issued tickets. On receipt of the report of the checking squad, a departmental enquiry was instituted against the Appellant. The Enquiry Officer returned the finding of guilt. Thereafter, Divisional Traffic Superintendent (city)-cum-Competent Authority (hereinafter described as the Disciplinary Authority) issued notice to the appellant proposing his dismissal from service. The latter filed reply to contest the notice. He pleaded that the allegation levelled against him, was not correct and that the fares could not be collected from the passengers because they were in a state of intoxication. After considering his reply, the Disciplinary Authority vide its order dated September 27, 1996 imposed the penalty of reduction to the basic of his pay- scale on the appellant.
(3.) The appellant challenged the order of punishment by raising an industrial dispute through Gujarat Kamdar Seva Sangatan, Vadodara. The Competent Authority made reference under Section 10(1)(c) of the Industrial Disputes Act, 1947, which was registered as Reference No. 109/99. By an award dated February 20, 2001 Industrial Court No.3, Vadodara quashed the order of punishment. For this purpose, the learned Presiding Officer invoked Section 11-A of the Act.;