Gujarat High Court
Anwarhussein Ibrahimbhai Mansuri vs Divisional Controller, Bharuch on 1 August, 2024
NEUTRAL CITATION
C/SCA/16003/2023 ORDER DATED: 01/08/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 16003 of 2023
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ANWARHUSSEIN IBRAHIMBHAI MANSURI
Versus
DIVISIONAL CONTROLLER, BHARUCH & ANR.
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Appearance:
ROBIN PRASAD(9344) for the Petitioner(s) No. 1
MS SEJAL K MANDAVIA(436) for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 01/08/2024
ORAL ORDER
1. The present petition is filed by the petitioner under
Article 226 & 227 of the Constitution of India for the following
reliefs :
"A. Your Lordships may be pleased to call for record and
proceedings of the Ld. Industrial Tribunal and admit and allow this
petition.
B. Your Lordships may be pleased to issue a writ of mandamus or
writ of certiorari or any other appropriate writ, order or direction
quashing and setting aside the impugned award dated 1.1.2018
passed by the Ld. Industrial Tribunal No.2, Gujarat, Vadodara
(Bharuch Sitting) in Reference (I.T.) No.241/2010 (Annexure-A) and
orders dated 13.9.2000 and 10.5.2001 (Annexure-B) passed by the
Divisional Controller - Bharuch State Transport Vibhagiya Kachei,
Bholav, Bharuch - Respondent No.1 herein and may be pleased to
direct the Respondent No.1 to disburse the increment in salary that
had been permanently withheld for a period of five years from the
petitioner.
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C. Pending hearing and till final disposal of this petition, by way of
interim relief, Your Lordships may be pleased to direct the
Respondent No.1 to disburse 20% of the originally withheld amount
permanently from the petitioner subsequent to the orders dated
13.9.2000 and 10.5.2001 (Annexure-B) passed by the Respondent
No.1.
D. Any other relief deemed just and proper may please be granted
in the interest of justice."
2. It is the case of the petitioner that, the petitioner was
working as a driver in State Transport Corporation, Bharuch
Vibhag for many years very diligently. On 18.11.1998, while on
duty at Rajpipla, the petitioner while driving the bus of the
Corporation, was overtaking a bus standing near Kakadwa Bus
Stand and hit a two-wheeler Luna, whose rider died. Due to the
said accident, the petitioner was charge-sheeted by the
respondent authority and ultimately, the respondent authority
by order dated 13.09.2000 withheld the salary increment of
the petitioner permanently for a period of five years holding
the petitioner to be solely responsible for the said incident,
which was confirmed by the appellate authority by order dated
15.05.2001. That, the incident dated 18.11.1998 had also led
to the filing of criminal case against the petitioner under
Sections 279, 304(A) of the Indian Penal Code and Sections
177, 184, 134 of the Motor Vehicles Act, 1988, wherein, the
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C/SCA/16003/2023 ORDER DATED: 01/08/2024
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learned Chief Judicial Magistrate, Rajpipla by judgment dated
09.09.2009 had acquitted the petitioner from the said offences
due to lack of evidence against the petitioner. The petitioner
was therefore, constrained to approach the Assistant Labour
Commissioner which referred the dispute to the Industrial
Tribunal by order dated 09.11.2010. Ultimately, by impugned
award dated 01.01.2018, the Industrial Tribunal confirmed the
decision to withhold the increment of the petitioner
permanently for five years.
2.1 Feeling aggrieved and dissatisfied with the aforesaid
orders, the petitioner has preferred this petition under Article
226 & 227 of the Constitution of India seeking aforesaid reliefs.
3. Heard learned advocate Mr.Robin Prasad, appearing on
behalf of the petitioner and learned advocate Ms.Sejal
Mandavia, appearing on behalf of the respondent -
Corporation.
4. Learned advocate Mr.Prasad has submitted that the
impugned award passed by the Industrial Tribunal is illegal,
improper, unjust, contrary to law and against the settled
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principles of law. He has submitted that the punishment
imposed by the respondent Corporation is disproportionate to
the charges levelled against the petitioner as he was acquitted
from the criminal case registered against him for the alleged
case of accident and even against that, there is no further
proceedings and therefore, considering the fact that since he
was acquitted from the criminal case, the award passed by the
Industrial Tribunal is unjust, erroneous and illegal. He has
further submitted that the inquiry and the punishment imposed
is not in consonance with the settled legal principles. He has
also submitted that the Industrial Tribunal has also not
considered the decisions cited before it and therefore also, the
impugned award passed by the Industrial Tribunal is
erroneous, unjust and illegal and the same may be quashed
and set aside and the present petition be allowed.
5. As against that, the learned advocate Ms.Mandavia has
submitted that merely because the petitioner was acquitted
from the criminal case has no bearing on the preliminary
proceedings initiated by the respondent Corporation and after
considering the report submitted by the petitioner, the
Corporation has rightly imposed the punishment and it was
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considered by both the authorities in first and second appeal
preferred by the petitioner which was subsequently confirmed
and therefore, the Industrial Tribunal has not committed any
error while passing the impugned award dismissing the
reference preferred by the present petitioner. She has further
submitted that after considering the default the department
had imposed punishment, which is in consonance with the
default committed by the petitioner and it cannot be said that
it is disproportionate to the charges levelled against the
petitioner and therefore, the present petition be dismissed and
the impugned award be confirmed.
6. I have heard the learned advocates appearing for the
respective parties and perused the material placed on record. I
have also considered the facts of the present case and the
award passed by the Industrial Tribunal and the order passed
by the Criminal Court in criminal case. On perusal of the record
it appears that the Industrial Tribunal has not committed any
error while passing the impugned award as it is observed by
the Tribunal that since the petitioner has approached after
almost 10 years and considering the gross delay in
approaching the Tribunal, the Tribunal has rightly rejected the
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reference preferred by the present petitioner. Even after
considering the submissions made by the petitioner before the
Tribunal that the proceedings of inquiry and the findings
recorded by the Inquiry Officer and the punishment order was
not even produced before the Tribunal and even before the
Tribunal also, the petitioner had not taken any proper care and
that is why, after considering the conduct of the present
petitioner and after considering the fact that since reference
was initiated by the petitioner after almost 10 years, the
reference was rightly rejected by the Tribunal, and therefore,
in my humble opinion there is no any illegality or any
perversity in the impugned award passed by the Tribunal.
7. For the foregoing reasons, the present petition being
devoid of any merits, deserves to be dismissed and it is
accordingly dismissed. Notice is discharged. No order as to
costs.
(HEMANT M. PRACHCHHAK,J)
Dolly
