Ajay Rastogi, J.K. Ranka, J. - (1.) Instant special appeal has been preferred against order of the learned Single Judge dated 28.07.2015. The appellant was appointed as Conductor in the service of Corporation on 01.08.1975. There is an allegation that after he has received fare from three passengers, tickets were not issued to them and after holding a regular enquiry, he was dismissed from service on 17.10.1978, which is subject matter of a reference before the ld. Labour Court and vide award dated 10.01.1983, the ld. Labour Court while upholding the guilt, exercising its power u/Sec.11-A of the Act, substituted the punishment of dismissal with stoppage of two annual grade increments without cumulative effect and ordered him to reinstate with continuity in service but without back wages.
(2.) Indisputably, the award passed by the ld. Labour Court dated 10.01.1983 was not subject matter of challenge at any stage thereafter and the appellant-workman was reinstated in service in compliance of the award and continuously worked and finally retired from service in the year 2007. However, at one point of time when notional fixation was made vide order dated 28.05.1996 the appellant-workman was of the view that when his punishment of dismissal has been substituted with stoppage of two annual grade increments without cumulative effect and he has been reinstated Ramji Lal Lakhera. v. R.S.R.T.C. & Another. with continuity in service, that makes him entitled for actual increments for the intervening period and not notional fixation of pay, as ordered by the Corporation under order impugned and that was again a subject matter of challenge by filing writ petition and the ld.Single Judge after taking note of the material available on record, observed that once notional fixation has been made at the time when he was reinstated in service after substituting punishment of dismissal with stoppage of two annual grade increments without cumulative effect that will not make him entitled for increments for the interregnum period more so when there was a specific order while substituting the punishment, as observed above, that he will not be entitled for any back wages. However, it is brought to the notice of the ld.Single Judge that the Apex Court in Rajasthan State Road Transport Corporation v. Bajrang Lal reported in 2014 (4) SCC 693 has observed that permitting the passengers without tickets is a gross misconduct of its own kind and severe punishment should imposed upon the employee.
(3.) In the instant case, although there was an allegation against the appellant-workman of not issuing tickets even though fare has been collected from all the three passenger and the guilt has been finally proved but the award passed by the ld.Labour Court in substituting the punishment of dismissal with stoppage of two annual grade increments without cumulative effect and reinstating him with continuity in service but without back wages dated 10.01.1983 is not the subject matter of challenge and compliance was made by the Corporation, pursuant to which he was reinstated Ramji Lal Lakhera. v. R.S.R.T.C. & Another . in service and the only question remains is as to whether, on reinstatement, he was entitled to notional fixation of pay or increments of the intervening period as made by the Corporation vide order dated 28.05.1996.;