IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No.7039 of 2002 For Approval and Signature: Hon'ble MR.JUSTICE RAVI R.TRIPATHI ============================================================ 1. Whether Reporters of Local Papers may be allowed : YES to see the judgements? 2. To be referred to the Reporter or not? : YES 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- GUJARAT STATE ROAD TRANSPORT CORPORATION Versus GAFURHUSSAIN JANMOHMAD MAKRANI -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 7039 of 2002 MR HARDIK C RAWAL for Petitioner MR JS BRAHMBHATT for Respondent -------------------------------------------------------------- CORAM : MR.JUSTICE RAVI R.TRIPATHI Date of decision: 25/10/2002 ORAL JUDGEMENT 1. Rule. Mr.J.S.Brahmbhatt, learned Advocate, appears and waives service of Rule on behalf of the respondent. 2. The present petition is filed by the Gujarat State Road Transport Corporation challenging the judgement and award dated 10th October, 2001 passed by the Labour Court, Vadodara in Reference (LCV) No.747 of 1999. 3. Mr.H.C.Raval, learned Advocate appearing for the petitioner-Corporation, submitted that the Labour Court, having observed that respondent-workman was guilty of an irregularity as tickets were not issued to the passengers, but as it is not proved that there was dishonesty on the part of the respondent-workman, held that the punishment of dismissal cannot be upheld and quashed and set aside the dismissal order. The Labour Court has ordered reinstatement with 25% back-wages without awarding any punishment except non-grant of 75% back-wages. Mr.Raval submitted that back-wages are awarded with a condition that the same should be paid within 3 months, failing which, the respondent-workman shall be entitled to 12% compound interest. 4. Heard Mr.Brahmbhatt, learned Advocate for the respondent, on the issue. He feels that the dismissal was definitely disproportionate to the guilt, held to be proved against the workman, but at the same time, he is not able to defend, why the learned Judge of the Labour Court has not passed any order of substantive punishment except non-grant of back wages. 5. Under the circumstances, the judgement and award of the Labour Court is modified to the effect that the respondent-workman to visit a penalty of stoppage of 2 increments with future effect; grant of 25% back-wages is reduced to 10% back-wages; and, the order of interest is also quashed and set aside. In the result, the petition is allowed to the aforesaid extent. It is directed that the Corporation shall implement this award within six weeks from the date of receipt of this order. Rule is made absolute to the aforesaid extent only. No order as to costs. (Ravi R. Tripathi, J.) kamlesh*