Gujarat High Court
Gsrtc vs Ramanbhai
SCA/944/2006 3/ 3 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 944 of 2006 ========================================================= GSRTC - Petitioner(s) Versus RAMANBHAI K RATHOD - Respondent(s) ========================================================= Appearance : MR HARDIK C RAWAL for Petitioner(s) : 1, RULE SERVED for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE K.M.MEHTA Date : 04/04/2006 ORAL ORDER
Inspite of the petition challenging the order of judgment and award dated 12.8.06 passed by the Industrial Tribunal Ahmedabad in reference (IT) No. 154/99.
Mr. Hardik Raval learned advocate for the petitioner has invited my attention to the fact that the respondent was on duty as a conductor on 13.2.93 at the time of the checking of the bus it was found that the respondent after collecting Rs 15/- from group of passengers, had issued tickets worth Rs 11.50 only. On seeing the checking squad, he issued tickets worth Rs 1.75 which were wrongly punched with an intention to misappropriate amount of fare. After holding departmental enquiry as per rules and regulartions of the corporation, the competent authority, by order dated 25.10.93, imposed punishment of one increment with future effect.
The case of the respondent workmen was taken in reivew by higher authority and by order dated 27.9.95, the punishment was enhanced to stoppage of two increments with future effect. The respondent workman raised industrial dispute after a period of approximately 4 years in 1999. The Labour Court vide judgment and award dated 12.8.05 allowed the reference application. Mr. Raval stated in this petition that one of the main grounds of law is whether the it has been held that the Review Authority has power and jurisdiction to enhance the punishment or not in this case. The petitioner states that this Hon'ble Court (coram : Mr. Jayant Patel J) has referred Special Civil Application No. 888 of 2004 in Gujarat State Road Transport Corporation Vs. Maganbhai L. Makwana dated 3.3.04. to the Division Bench of this Hon'ble Court. In view of the conflict of the order of learned single judge referred in said order. In view of this which is on page 19 to 21. In view of the same this matter is to be heard by the Division Bench in this behalf.
(K.M.MEHTA, J) mary//