JUDGMENT : K.S. JHAVERI, J. 1. This petition is directed against the award dated 28.01.2003 passed by the Industrial Tribunal, Surat in Reference (IT)No. 104/1999 whereby the Tribunal by quashing and setting aside the punishment order. The Labour Court has also imposed a cost of Rs. 1000/- on the petitioner corporation. 2. The brief facts of the case are that the respondent was working with the petitioner corporation as a conductor. On 16.04.1994, the respondent was found to have misappropriated some amount by way of tampering with the tickets. The respondent was therefore issued with a chargesheet and a departmental inquiry was initiated against him. At the conclusion of inquiry, after the charge levelled against him was proved, a punishment of stoppage of putting him down to 9 stages from his basic salary was imposed. Being aggrieved by the said punishment order, the respondent approached the appellate authority which dismissed the appeal. The respondent, therefore, preferred reference before the Tribunal. The Tribunal after hearing the parties passed the aforesaid award. 3. Mr. Dewal, learned counsel for the petitioner has contended that the Tribunal has not considered the fact that the petitioner corporation has incurred huge financial loss due to the misconduct of the respondent workman. He submitted that the respondent is a habitual offender. He submitted that there are 79 defaults committed by the respondent as per the default card and therefore the Tribunal ought to have imposed some punishment instead of totally setting aside the penal order. 4. Ms. Mohini Bhavar, learned advocate appearing for Mr. Jani for the respondent has supported the award passed by the Tribunal and submitted that the same being just and proper does not call for any interference by this Court. 5. Heard learned counsel for the parties. I have gone through the award of the Tribunal and the evidence available on record. From the award it appears that the Tribunal has committed an error in setting aside the penal order. The default card of the respondent workman shows 79 defaults on his part which is very serious. Considering 79 defaults on the part of respondent workman, for having a deterrent effect on him, this Court is of the view that the punishment imposed by the disciplinary authority is just and proper and the same deserves to be restored. 6. In the premises aforesaid, petition is allowed. Considering 79 defaults on the part of respondent workman, for having a deterrent effect on him, this Court is of the view that the punishment imposed by the disciplinary authority is just and proper and the same deserves to be restored. 6. In the premises aforesaid, petition is allowed. The impugned award passed by the Tribunal is quashed and set aside. The order dated 21.11.1994 passed by the disciplinary authority of the petitioner corporation by which penalty of reducing the respondent to 9 stages below his basic pay was imposed upon the respondent workman is confirmed. This order shall be implemented within a period of six months from the date of receipt of the writ of the order of this court. Rule is made absolute accordingly. Direct service is permitted. Petition allowed.