( 1 ) THIS petition has been preferred against the award dated 5th June,2004 in Reference (IT) No. 33 of 1996 passed by the Industrial Tribunal, Rajkot, whereby, punishment inflicted by the petitioner of reduction of pay scale was set side and instead of it, one annual increment was stopped without future effect, for the misconduct of misuse of issued tickets by the respondent workman-conductor.

( 2 ) THE learned counsel for the petitioner mainly submitted that the respondent workman was a conductor. The petitioner is an ST Corporation which runs state transport buses for the welfare of the society members and it mainly depends upon the working of conductors and drivers. The drivers are driving buses and conductors are recovering fares from passengers, out of which, mainly salaries are paid and services are purchased. The conductors are dealing with public money. They are holding the post of faith and trust. They are working in fiduciary capacity. Honesty and integrity is an integral part of the duty of the conductor who is holding the post of trust. If there is any misappropriation of the amount, whether big or small, it tantamounts to a grave misconduct. In the present case, the respondent conductor had issued certain tickets and all those tickets were once again used. The way bill was also kept open. Additional cash was also found out from the pocket of the respondent conductor. It has been held by the Industrial Tribunal in para-11 that the aforesaid misconduct and charge is proved. Tickets were used second time by the respondent workman, but the Industrial tribunal has shown misplaced sympathy for the respondent conductor by giving a reason that the said ST bus was on the route of the fair and there were several passengers in the said bus and the additional cash which was found out was not recovered with malafide intention. These reasons are not true and correct. Even if bus route is having many more passengers, then also, the conductor cannot reissue the already issued tickets. Second time use of the same tickets and thereby certain amount has also been recovered by the respondent workman is a grave misconduct. Additional amount of Rs. 315/- was found from the respondent conductor. Once the Labour Court comes to a conclusion that the respondent conductor has reused the tickets which were already issued, coupled with the fact that some additional cash amount was found out from the respondent workman, it was not necessary for the industrial Tribunal to interfere with the punishment inflicted by the petitioner. The reduction in the pay scale of the respondent workman and to bring him to initial pay scale and stoppage of five increments with future effect was not shockingly disproportionate. In fact, the petitioner Corporation has already shown leniency towards respondent conductor in the case of misconduct of misappropriation. In fact, there are several decisions delivered by this Court as well as by the Honble Apex Court, whereby punishments of dismissal in case of misappropriation by conductors have been upheld. In the present case, though tickets have been reused by the respondent conductor, instead of dismissal, lesser punishment has been inflicted by the petitioner and further reduction in the said punishment was not necessary for the Industrial Tribunal. The punishment should not be inflicted for the names sake. The punishment must have some effect upon the delinquent. Punishment must have some effect upon other similarly situated workmen. In the present case, even the way bill was kept open. Additional cash amount was also found out from the respondent. It is accepted by the Industrial tribunal that the respondent conductor reissued tickets which were already issued once. The cumulative effect of the aforesaid factors tantamounts to a grave misconduct. The tickets were used second time. This fact has been held as proved one as per para-11 of the award and therefore, interference in the punishment was n