SCA/6031/2005 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 6031 of 2005 For Approval and Signature: HONOURABLE MR.JUSTICE AKIL KURESHI ============================================================== 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 ? ============================================================== DIVISIONAL CONTROLLER G.S.R.T.C. - Petitioner(s) Versus VALJIBHAI PRAGJIBHAI MAKWANA - Respondent(s) ============================================================== Appearance : MR HS MUNSHAW for Petitioner(s) : 1, MR MUKESH H RATHOD for Respondent(s) : 1, ================================================================== CORAM : HONOURABLE MR.JUSTICE AKIL KURESHI Date : 09/09/2005 ORAL JUDGMENT Though the learned advocate for the petitioner may be substantially correct in contending that in view of the proved misconduct, the Industrial Tribunal ought not to have interfered with the choice of punishment imposed SCA/6031/2005 2/2 JUDGMENT by the employer, in the present case, the employer had imposed a punishment of withholding of five increments without future effect which has been eventually reduced to withholding of three increments without future effect by the Industrial Tribunal. In view of the insignificant difference that would ultimately result in the pay-packet of the respondent on account of the modification ordered by the Industrial Tribunal, I do not find it appropriate to interfere with the award passed by the Industrial Tribunal in exercise of powers under Article 226 and 227 of the Constitution of India. The petition is therefore rejected. Rule is discharged. Interim relief granted earlier is vacated. (Akil Kureshi, J.) (vjn)