ASHOK PARIHAR, J. - (1.) THE dispute regarding termination of services of respondent No. 1 (the concerned workman) was referred to the Labour Court, Ajmer, for adjudication by the State Government vide notification dated 31.3.1990. The Labour Court, after considering the evidence and material on record, held the punishment, imposed on the concerned workman, to be shockingly disproportionate, as such, using its discretion, as provided under Section 11A of the Industrial Disputes Act, the Labour Court reduced the punishment of dismissal into stoppage of two grade Increments with cumulative effect, vide award dated 16.7.1996. The backwages were also not allowed to the concerned workman. The award dated 16.7.1996, passed by the Labour Court, is under challenge in the present writ petition.
(2.) THE charge on the basis of which the termination was made has been that the concerned workman was found carrying two passengers without tickets with a further allegation that no fare had also been charged for 180 Kg. of luggage as well. Though in the dismissal order the past record of the petitioner was not taken note of by the disciplinary authority, however, the Labour Court has considered the past record also. After hearing learned counsel for the parties and perusing the material on record and also the impugned award, passed by the Labour Court, since proper discretion has been used by the Labour Court in modifying the punishment and further, no backwages has been allowed, in the facts and circumstances of the present case, I find no error or illegality in the impugned award so as to call for any further interference of this Court in the present matter. The writ petition is dismissed accordingly as having no merits. Since the termination was made in the year 1984 and the award has also been passed in the year 1996, in the interest of justice, I deem it proper to direct the petitioner to reinstate the concerned workman within 30 days from the date of receipt of certified copy of this order and further, make the payment of arrears, as per award passed by the Labour Court, within 30 days thereafter.;