Gujarat High Court
Gujarat State Road Transport ... vs Manubhai Sanalal Patel on 9 December, 2003
Author: Ravi R. Tripathi
Bench: Ravi R. Tripathi
JUDGMENT Ravi R. Tripathi, J.
1. Rule.
Ms.Hina Desai, learned Advocate for the respondent, waives service of Rule.
At the request of the learned Advocates for the parties, the matter is taken up for final disposal today.
2. The present petition is filed by the Gujarat State Road Transport Corporation ("the Corporation" for short) challenging the judgement and award dated 31st March, 2001 passed in Reference (LCH) No.135 of 1998, whereby the learned Judge was pleased to order payment of 50% back-wages to the heirs of the deceased respondent-workman for the period from the date of dismissal i.e. 20th March, 1997 till the date when respondent-workman expired.
3. Mr.Mitul K.Shelat, learned Advocate for the petitioner, submitted that the petitioner had dismissed the respondent-workman as he misbehaved with a colleague employee after he completed his duty hours on 15th October, 1995 and he was found under the effect of alcohol.
4. Ms.Hina Desai, learned Advocate for the respondent-workman, invited the attention of the Court to the submissions made by her counterpart, Mr.R.K.Desai, learned Advocate appearing for the respondent-workman before the Labour Court, wherein it was submitted that the punishment of dismissal is disproportionate; that in the complaint, there was no mention about the respondent-workman having consumed liquor; that there is no medical certificate to that effect; that a case was filed under the Atrocities Act wherein the respondent-workman was acquitted; that the complainant was not examined in the departmental proceedings; that earlier, the punishment of stoppage of annual increment for six months with permanent effect was imposed; that thereafter, after the lapse of one year and six months, the punishment of dismissal was imposed; and the second appeal filed by the respondent-workman was rejected.
The learned Advocate for the respondent-workman submitted that this is a case wherein the learned Judge, after taking into consideration the relevant aspects of the matter, has decided to grant only 50% back-wages, which is the sufficient financial punishment to the members of the deceased employee.
5. After taking into consideration the rival contentions of both the learned Advocates for the parties and the default card wherein 18 defaults are recorded and in all these defaults, the employee was punished with stoppage of increments for the period of one year to five years with future effect or without future effect and in many cases, the penalty imposed was a fine of Rs.3=00 etc., this Court is of the considered opinion that the interest of justice will be served if the judgement and award of the learned Judge of the Labour Court is upheld. No orders imposing any punishment is passed, more so, because the respondent-workman is not alive to undergo the punishment imposed, if any. In view of that, the petition is dismissed. Rule is discharged. No order as to costs.