SCA/6697/2002 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 6697 of 2002 For Approval and Signature: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT ============================================= = 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ============================================= = GUJARAT STATE ROAD TRANSPORT CORPORATION - Petitioner Versus MANHAR SINGH R RATHOD - Respondent ============================================= = Appearance : MR DIPEN A DESAI for Petitioner RULE SERVED BY DS for Respondent ============================================= = CORAM : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 15/10/2008 ORAL JUDGMENT Though served, none has appeared for the respondent. SCA/6697/2002 2/3 JUDGMENT 2. The petitioner-GSRTC, has assailed the award dated 19/01/2001 passed by the Industrial Court in Reference (I.T.) No.328 of 1995 holding that the punishment of reducing the workman to the original pay-scale for the period of three years which came to be awarded to him on account of misappropriation on completion of the departmental proceedings. However, directed that after the period of three years is over, the workman shall be paid the increment which would have otherwise accrued to him during that period of three years and be paid arrears thereof. Hence, the said award is challenged by way of filing of this petition. 3. Heard Shri Dipen Desai, learned Advocate for the petitioner-GSRTC, who has vehemently submitted that, when the Labour Court has recorded clear finding with regard to justification for the punishment for a serious misconduct and when it recorded that in the past also as many as 20 defaults of such nature have been recorded against the respondent- workman, the awarding of punishment of reducing the workman to the original pay-scale for the period of three years, would be absolutely improper and contrary to the provisions of law and therefore the award impugned deserves to be quashed SCA/6697/2002 3/3 JUDGMENT and set aside. 4. The Labour Court's finding deserves to be taken into consideration. The Labour court has in the entire award clearly recorded that the misconduct of misappropriation was very serious and therefore the punishment was absolutely justified and proper. The Labour Court has also recorded that the workman has to its own record of 20 earlier defaults which would not warranted interference. However, the Labour Court has ordered that once the three years period is over, the increment which workman would have been earned be paid to him by way of arrears. It goes without saying that this amounts to modifying the punishment which had been awarded originally and which is said to be justified by the Labour Court. 5. In view of the above, petition deserves to be allowed and is allowed. The award impugned is accordingly quashed and set aside. Rule made absolute to the aforesaid extent. There shall be no order as to costs. (S.R.BRAHMBHATT, J.) sompura