Ghelabhai Chhibabhai Patel v. Divisional Controller
2009-07-14
S.R.BRAHMBHATT
body2009
DigiLaw.ai
JUDGMENT : S.R. Brahmbhatt, J. Heard learned advocates for the parties. The petitioner has approached this Court under Article 227 of the Constitution of India challenging the award and order dated 14.5.2003 passed in Reference(I.T) No.17 of 1999 rejecting the reference for the grounds stated thereunder. 2. In short, it was the case of the petitioner, who was working as Conductor, before the Tribunal that when he was discharging his duties on 9.3.1993 en route Kaliawadi the bus was intercepted and it was found that the two passengers did not carry tickets out of the total 4 passengers in the bus and the fare was recovered. Charge sheet was issued, which culminated into punishment of dismissal which subsequently was reduced in the Second Appeal into that of reduction to minimum pay-scale. This order of appellate authority reducing the employee to the minimum pay-scale was disputed and dispute was raised which was referred to the competent authority wherein it was marked as aforesaid. The Industrial Tribunal has recorded its findings with regard to the satisfaction of the penalty imposed and hence rejected the reference vide order dated 14.5.2003 which is impugned in this present petition. 3. Shri G.K.Rathod for the petitioner submitted that the order and award cannot be said to be sustainable in the eyes of law in as much as the Court has rightly come to the conclusion that the workman admitted his charges. The Industrial Tribunal has passed cryptic order and, therefore the same deserves to be quashed and set aside. 4. Shri H.S.Munshaw learned advocate contended that the findings of the Industrial Tribunal cannot be said to be so perverse as to call for any interference under Article 227 of the Constitution of India. Shri Munshaw submitted that the findings recorded by the Industrial Tribunal go to show that the order of punishment was just and proper and, therefore,the Court has rightly rejected the reference. 5. Heard learned counsel for the parties as stated herein above and perused the award impugned. 6. It is required to be noted that the workman by passing purshis Exh.9 had given up the challenge to the propriety, legality and validity of the inquiry proceedings. Now, once having given up the challenge to the legality, propriety and validity of the inquiry proceedings, naturally, it would not be open to the workman to question the procedure of inquiry.
It is required to be noted that the workman by passing purshis Exh.9 had given up the challenge to the propriety, legality and validity of the inquiry proceedings. Now, once having given up the challenge to the legality, propriety and validity of the inquiry proceedings, naturally, it would not be open to the workman to question the procedure of inquiry. When the procedure of inquiry is not challenged, the findings, which are based upon the said material, according to the Industrial Tribunal, were not perverse. The factum of non-issuance of ticket to two passengers out of total 4 passengers in the bus go glaringly to show that the Industrial Tribunal's findings cannot be said to be so perverse as to call for any interference by this Court under Article 227 of the Constitution of India. The Court is of the view that the punishment imposed cannot be said to be so harsh as to warrant any interference by this Court. The findings of the Industrial Tribunal therefore deserves to be confirmed and are hereby confirmed. The matter is rejected. Notice discharged. Application Rejected.