LPA/1069/1995 of JAGUBHAI AMARABHAI SHAK Vs GUJARAT STATE ROAD TRANSPORT CORPORATION' on 18 December 1995

1. Whether repoters of Local Paqpers may be allowed to see the judgment?

2. To be referred to the Reporter or not?

3. Whether Their Lordships wish to see the fair copy of the judgement?

4. Whether this case involves a substantial question of law as to the interpretation of the Constitution the Constitution the Constitution the Constitution the Constitution the Constitution the Constitution the Constitution the Constitution the Constitution the Constitution the Constitution the Constitution the Constitution the Constitution the Constitution the Constitution the Constitution the Constitution the Constitution the Constitution the Constitution the Constitution the Constitution the Constitution the Constitution the Constitution the Constitution the Constitution the Constitution the Constitution the Constitution the Constitution the Constitution the Constitution the Constitution the Constitution the Constitution the Constitution the Constitution the Constitution the Constitution the Constitutio....

the Constitutio of India, 1950 of any Order made thereunder?

5. Whether it is to be circulated to the Civil Judge?

JAGUBHAI AMARABHAI SHAK

vs

GUJARAT STATE ROAD TRANSPORT CORPORATION'

Appearence:

NANAVATY ADVOCATES for Petitioner

Coram : THE ACTING CHIEF JUSTICE and

MR.JUSTICE M.S.SHAH

ORAL JUDGEMENT:

The appellant is a conductor who was dismissed fromservice on the charge of having collected the fare and notissuing tickets to several passengers and misappropriating theamount of the fare. The Labour Court has come to the conclusionthat the charge is established and the punishment awarded isproper. The learned Single Judge has confirmed the same anddismissed the petition. In the appeal, the learned Counsel forthe appellant has submitted that the appellant should have beenconsidered for reinstatement in some alternative post notinvolving handling of money. In support of his submissionreliance was placed on the judgment in the case of GUJARAT STATEROAD TRANSPORT CORPORATION VS.JAMNADAS BECHARBHAI,1982(2)

G.L.R.557. In that case the Labour Court had directedreinstatement in favour of to the defaulting conductor inspiteof its finding of misappropriation and collection of fare andthe award was challenged by the GSRTC. In that context the HighCourt held that the Labour Court was not justified inreinstating the conductor who had collected the fare, pockettedthe same and robbed the National Exchequer in the same postwhere he could re-indulge in the same weakness at public cost,and therefore, the matter was remanded to the Labour Court forreconsideration and fresh decision and both sides were givenopportunity to produce material on the question of substitutingsome other penalty.In the present case, the Labour Court hasfound that the dismissal was justified in a case of dishonestmisappropriation of Corporation's money and in the background ofprevious defaults. To such a person if no other alternativepost is given, it cannot be said that the Labour Court hascommitted any illegality. Hence, dismissed.

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For correction pl.see original