North-East Karnataka Road Transport Corporation v. Meenajuddin
2013-03-20
D.V.SHYLENDRA KUMAR
body2013
DigiLaw.ai
ORDER D.V. Shylendra Kumar, J.—Writ petitioner-North-East Karnataka Road Transport Corporation, Gulbarga has questioned the order dated 18-2-2012 passed by the Industrial Tribunal, Hubli in I.D. No. 372 of 2009 allowing the petition. Under the impugned order, the Tribunal had, in a reference of a dispute raised under Section 10(1)(d) of the Industrial Disputes Act, 1947, modified the punishment imposed by the disciplinary authority -- the management against the workman, which was one of stoppage of two increments without cumulative effect for one of stoppage of one increment instead of two increments and this order is questioned by the Corporation in this writ petition. 2. The Tribunal thought that the punishment imposed by the disciplinary authority was disproportionate. 3. Mr. A.M. Patil, learned Counsel appearing for the petitioner-Corporation submits that in a matter of this nature, the Tribunal could not have interfered, more so, the character of the punishment imposed by the management is either harsh or disproportionate by the charges held proved. 4. A perusal of the order of the Tribunal indicates that the charge on the workman -- a conductor being found in possession of excess cash was made good and even found that the punishment was disproportionate etc. 5. While the view taken by the Tribunal may not be very rationale or reasonable, this Court exercising writ jurisdiction under Article 227 of the Constitution of India does not examine each and every infraction and if the punishment of stoppage of two increments is reduced to stoppage of one increment. No need for interference in the exercise of writ jurisdiction. Therefore, writ petition is dismissed.