IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 5061 of 2024 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-

================================================================

Approved for Reporting Yes No No ==========================================================

DIVISIONAL CONTROLLER Versus GENERAL SECRETARY ASHOK J KACHIYA ================================================================

Appearance:

MR HAMESH C NAIDU(5335) for the Petitioner(s) No. 1 RULE SERVED for the Respondent(s) No. 1 ================================================================

CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 19/02/2026

JUDGMENT

1. The petitioner has preferred present petition under Articles 14, 19(1)(g), 226 and 227 of the Constitution of India r/w the provisions of Industrial Disputes Act, 1947 challenging the impugned award dated 27.4.2022 passed by the Industrial Tribunal, Vadodara in Reference (IT) No. 394 of 2020, whereby the Industrial Tribunal has partly allowed the reference and modified the order of punishment dated 09.04.2018 passed in Departmental First Appeal and reduced the punishment from stoppage of two increments to stoppage of one increment with permanent effect..

2. The petitioner has filed present petition, with below mentioned relief/s:-

"8(A) This Hon'ble Court may be pleased to issue a writ of certiorari and /or a writ in the nature of certiorari and / or any other appropriate writ, order and / or direction to quash and set aside the impugned award dated 27th April, 2022 passed by Industrial Tribunal, Vadodara in Reference (IT) No.

394 of 2020; (Annexure'A')

(B) Pending the admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to stay the execution, implementation and operation of impugned award dated 27th April, 2022 passed by Industrial Tribunal, Vadodara in Reference (IT) No.394 of 2020; (Annexure 'A').

(C) Any other and further relief or reliefs to which this Hon'ble Court deemed fit, in the interest of justice; may kindly be granted."

3. The facts giving rise to present petition are that the respondent was serving as a Conductor with the petitioner–Corporation. On 30.05.2016, while the respondent was on duty on the Kawad–Gadshisha route, a checking squad found that five passengers had paid a total fare of Rs. 1,090/- (Rs. 218/- each), but no tickets were issued to them. A charge-sheet was issued, and statements of the passengers as well as the respondent were recorded. The respondent admitted the misconduct. A departmental inquiry was conducted in accordance with law, and the respondent was given full opportunity to defend himself but chose not to examine any witness.

3.1 Upon conclusion of the inquiry, the disciplinary authority imposed the punishment of stoppage of three increments with permanent effect by order dated 30.06.2017. In departmental First Appeal, the punishment was reduced to stoppage of two increments with permanent effect by order dated 09.04.2018.

3.2 The respondent thereafter raised an industrial dispute in the year 2020 challenging the original punishment order dated 30.06.2017, which was referred to the Industrial Tribunal, Vadodara as Reference (IT) No. 394 of 2020. The respondent filed his statement of claim and the petitioner filed a written statement. During the proceedings, the respondent admitted the legality and validity of the departmental inquiry.

3.3 By the impugned award dated 27.04.2022, the Industrial Tribunal partly allowed the reference and further reduced the punishment from stoppage of two increments to stoppage of one increment with permanent effect.

3.4 Being aggrieved and dissatisfied with the said award, the petitioner has preferred the present petition challenging the same.

4. Heard Mr. Hamesh C. Naidu, learned counsel for the petitioner. Though served, the respondent has chosen not to remain present before this Court and therefore, the matter is decided in his absence.

5. Mr. Naidu