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2012 Supreme(Guj) 371

P.B.MAJMUDAR
GUJARAT STATE ROAD TRANSPORT CORPN – Appellant
Versus
JAMNAGAS PANCHANABHAI BHILODIA – Respondent


Advocates appeared:
MR DIPEN DESAI for Petitioner(s): 1,
RULE SERVED for Respondent(s): 1,
MR VIVEK BHAMRE for MR LN MEDIPALLY for Respondent(s): 1,

JUDGMENT

1. By way of this petition, the petitioner-Gujarat State Road Transport Corporation has challenged the order passed by the Labour Court, Junagadh, in Reference(LCJ) No. 283 of 1998, dated 13.04.1998, whereby the Labour Court passed the order of reinstatement in favour of the respondent-workman, and thereby, reduced the penalty of dismissal from service to lowering the respondent in two stages in his basic pay.

2. The respondent was working with the petitioner as conductor. It is alleged that, on the relevant date, while the respondent was on his duty on a bus on Amblash-Keshod route, a surprise checking of the said bus was carried out. During the checking, it was found that the respondent had not issued tickets to three of the passengers and on the basis of the same a departmental inquiry was conducted against him and on completion thereof, he was ordered to be removed from the service on the ground that the misconduct alleged against him stood proved. The respondent-workman, thereafter, raised an industrial dispute, which was numbered as Reference(LCJ) No. 283 of 1998. The labour Court, in the impugned order, recorded that the misconduct of non-issuance of tickets to the p










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