( 1 ) THE present petition has been preferred against the award passed by the industrial Tribunal, Rajkot dated 25th June, 2004 in Reference (IT) No. 242 of 1999.

( 2 ) THE learned counsel appearing for the petitioner Corporation mainly submitted that the charge levelled against the respondent workman was a conductor, though had collected fares from fourteen passengers, has not issued tickets, when the bus was checked by the checking squard, the aforesaid misconduct of the conductor was found out. After issuing necessary notice and after-holding departmental inquiry, the punishment awarded by the petitioner was stoppage of three increments with future effect. The said punishment awarded by the petitioner was not shockingly disproportionate to the misconduct committed by the conductor. There was a misappropriation of the amount. Though the fare was collected from respective passengers/ the tickets were not issued by the respondent workman. The legality and validity of the inquiry has been accepted by the respondent workman. The respondent workman has committed similar type of misconduct in past also, and, therefore, industrial Tribunal, Rajkot ought not to have int