Case: Divisonal Manager, Rajasthan S.R.T.C Vs. Kamruddin

3. The said question arises in the following factual matrix:Respondent herein was appointed as a conductor by the appellant - corporation on or about 6.8.1982 as a daily wager for a specific period on the expiry whereof his services came to an end. He was, however, appointed as a conductor on probation for a period of two years by an offer dated 26.3.1983, inter alia, on the terms and conditions laid down therein; the relevant claim whereof reads asThat on being caught by the inspection team and on finding corruption their services could be terminated at any time and the security amount would bethe aforementioned period of probation, inspections were carried out in the buses in which he had been discharging his duties as a conductor and on not less than five occasions, i.e., on 4.4.1983, 11.5.1983, 23.9.1983, 21.11.1983 and 8.2.1984, he was found to have not issued tickets to the passengers. Indisputably, on or about 19.4.1993, in relation to the incident which took place on 4.4.1983, a warning was administered to him,were on duty on date 4.4.83 in the vehicle no. 6070 at the Vayavar Udaipur road. After the inspection of the vehicle it was found that you were carrying 2 passengers without tickets. The Checking staff collected the fare from the same and issued the tickets.Therefore, you are hereby warned to be careful in the near future otherwise your probation period would behe was found guilty of having not issued tickets to the two passengers and carrying 180 kilograms luggage without a ticket, a disciplinary proceeding was initiated against him. He was placed under suspension.The fairness of the disciplinary enquiry is not in question. By reason of an order dated 15.6.1984, the Divisional Manager of the Corporation being the Appointing Authority terminated his services,the basis of the complaints received against Shri Kamruddin S/o Shri Sikandar Khan, Conductor, Vayavar Depot he was suspended vide the Office Order No. 395 dated 13.2.84 and was issued the Charge sheet no. 404 dated 24.2.84. In respect of the inquiry of the imposed charges the Divisional Depot Manager, Ajmer was appointed the Inquiry Officer vide the Office order no. 581 dated 3.3.84.After completing the inquiry by the Inquiry Officer the enquiry report was produced. I have carefully gone through the same along with the available record. The Inquiry Officer has found the conductor guilty of the imposed charges. I fully agree with the view of the Inquiry Officer. Therefore, I, Divisional Manager, RSRTC, Ajmer, impose the following punishment under Section 36(5) and (7) of the Standing Orders on Shri Kamruddin s/o Shri Sikandar Khan, Conductor, Vayavar Depot after finding him guilty in the aforesaid case.1. I seize the remaining salary of the suspension period in the interest of the Corporation.1. I terminate his probation period after removing him from the services of the Corporation with immediate effect.Respondent raised an industrial dispute. By reason of an Award dated 16.7.1996, the Labour Court despite finding that the enquiry was fairly conducted opined that the punishment inflicted on the respondent was disproportionate to the gravity of the misconduct committed by him,it would not be just and proper to impose the severe punishment of the termination from the service but keeping in view the proved misconduct on the part of the applicant this court could amend the penalty keeping in view the provisions of Section 11(A) of the Industrial Disputes Act and as per the facts and circumstances of the case it would be just and proper that the punishment of the stoppage of two grade increments with cumulative effect be awarded and the same would be made effective from the date of inspection i.e. 8.2.84 and further that the applicant would not be entitled of the back wages. That he would be reinstated in the service in continuation of his service as if he has not been terminated from the service of the corporation. Accordingly, the Award issupport of its aforementioned finding, the Tribunal relied upon a decision of the Rajasthan High Court in RSRTC vs. Shri Ram Yadav [1995 (3) WLC 16] as also the decision of this Court in Rajasthan State Road Transport Corporation vs. Bhagyo Mal & Ors. [1994 Supp (1) SCC 573].5. A writ petition preferred thereagainst by the Corporation has been dismissed both by a learned single judge. A Division Bench of the High Court by reason of the impugned judgment dismissed an intra-court appeal preferred by the

Reasoning: 9. It is not a case where the misconduct against the respondent had not been proved. It is also not a case where the domestic enquiry was found to have been conducted in an unfair manner or contrary to the principles of natural justice. The services of the respondent had been terminated while the period of probation was not over. As a conductor, his performance during the period of probation was found to be unsatisfactory. It is not in dispute that a disciplinary proceeding was initiated against him while he was found to have committed similar misconduct for the fifth time. It is also beyond any doubt or dispute that he had also been served with a letter of warning.10. The power of Labour Court and/or Industrial Tribunal in terms of Section 11A of the Industrial Disputes Act, 1947 to interfere with the quantum of punishment although cannot be denied, but it is also a well settled principle of law that the said power should be exercised judiciously.Standing Order No. 36 whereto our attention has been drawn merely provides for different nature of penalties which can be imposed on a worker stating that penalties specified at Serial Nos.5 to 7 therein would be appealable. A corrigendum thereto was issued on 24.7.1982 by way of clarification with regard to the full route fare as contained in Circular No. 625 dated 5.6.1982. The said corrigendum has nothing to do with the nature or quantum of penalty. The same does not provide for a substitution of the penalty provided for in the Certified Standing Order. In any event, Certified Standing Order would prevail over such circulars.13. It may be true that in execution of the Award passed by the Labour Court, for a short time respondent was put back in service. This Court, however, as indicated hereinbefore, stayed the operation of the judgment by reason whereof Award as also the judgment of the High Court became non-operational. We are, therefore, of the opinion that by itself that may not be a ground to refrain ourselves from following the authoritative binding precedents.