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2005 Supreme(Guj) 311

D.N.PATEL
GUJARAT STATE ROAD TRANSPORT CORPORATION – Appellant
Versus
VISHNUBHAI P. PATEL – Respondent


Advocates Appeared: HARDIK C.RAWAL

D. N. PATEL, J.

( 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 pre









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