Gujarat High Court
Divisional Controller, Gujarat State ... vs Harunbhai K Parmar C/O State Transport ... on 26 November, 2025
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C/SCA/13021/2020 JUDGMENT DATED: 26/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13021 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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Approved for Reporting Yes No
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DIVISIONAL CONTROLLER, GUJARAT STATE ROAD TRANSPORT
CORPORATION
Versus
HARUNBHAI K PARMAR C/O STATE TRANSPORT WORKS UNION
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Appearance:
MS SEJAL K MANDAVIA(436) for the Petitioner(s) No. 1
RULE SERVED for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 26/11/2025
ORAL JUDGMENT
1. The present petition is filed by the petitioner under Articles
226 and 227 of the Constitution of India read with provisions of
the Industrial Disputes Act, 1947 challenging the impugned
award dated 13.03.2020 passed by the Industrial Tribunal,
Bhavnagar in Reference (IT) No. 86 of 2011 whereby the
reference filed by the respondent has been partly allowed and
the punishment imposed by the petitioner - Corporation has
been set aside.
2. Brief facts giving rise to the present petition are that, the
respondent was working as a Conductor at Amreli Depot with the
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petitioner corporation. On 27.05.2008, when the respondent's
bus was on the Amreli-Ahmedabad route, the checking squad
found that the respondent had reissued tickets, which led to a
departmental enquiry against him in which a punishment order
to stop 2 increments with future effect was imposed.
Consequently, a reference was preferred by the respondent in
Industrial Tribunal, Bhavnagar wherein the reference was partly
allowed and the punishment imposed by the petitioner
Corporation was set aside.
3. Being aggrieved and dissatisfied with the impugned award
dated 13.03.2020, the petitioner has preferred the present
petition.
4. Heard Ms. Sejal Mandavia, learned counsel for the
petitioner at length. Perused the material available on record.
Though notice served, respondent has chosen not to
remain present before the Court.
5. Ms. Mandavia, learned counsel for the petitioner has
submitted that the award passed by the Tribunal is unjust,
improper and passed against the evidences which are faced on
record and therefore, is required to be quashed and set aside.
She has submitted that the Tribunal has set aside the
punishment only on the ground that the record has not been
produced by the petitioner. That, there was a delay in filing the
reference since the punishment was imposed in 2009 but the
reference was filed by the respondent in 2011. She has further
contended that there was a serious charge of issuance of
reissued tickets to the passengers and earlier similar 14 defaults
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were reported against the respondent - workman during his
tenure of work with the petitioner and he was also dismissed
from service in 1981 which were not considered by the Tribunal.
That, the enquiry is against the principles of natural justice and
the findings given by the enquiry officer are baseless and
perverse. Over and above the grounds agitated in the memo of
petition, learned counsel Ms. Mandavia has urged that the
impugned award passed by the Tribunal is required to be
quashed and set aside and the present petition is required to be
allowed.
6. I have heard the learned counsel appearing for the
petitioner and perused the material placed on record. I have also
considered the impugned award passed by the Tribunal. After
considering all the facts that the respondent was working as a
conductor with the present petitioner corporation at Amreli
Depot and he was found with the alleged default even during the
course of the hearing of the reference before the Industrial
Tribunal. So far as the validity and legality of the enquiry is
concerned, the respondent has not challenged the enquiry
proceedings and he has given up his right to challenge,
therefore, he has admitted this fact however, without considering
these facts the Tribunal has passed the impugned award in
favour of the respondent and quashed and set aside the
impugned order of punishment imposed by the disciplinary
authority. Considering the seriousness of charge leveled against
the respondent, I am of the opinion that the petition requires
consideration hence, the present petition is hereby allowed. The
impugned award passed by the Industrial Tribunal in Reference
(IT) No. 86 of 2011 dated 13.03.2020 is hereby quashed and set
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aside and thereby the order of punishment imposed by the
disciplinary authority is hereby confirmed. Rule made absolute.
There shall be no order as to costs.
(HEMANT M. PRACHCHHAK,J)
ANUSRI
