DELHI MILK SCHEME Vs. MAHABIR SINGH

JUDGEMENT

(1.) THE petitioner by virtue of the present writ petition has challenged the award dated 6th August, 2004 passed by Sh. R.N.Rai, Presiding Officer, Industrial Tribunal cum Labour Court (hereinafter referred to as "The Tribunal") in ID No. 17/1995 titled as Mahabir Singh v. General Manager, Delhi Milk Scheme.

(2.) BY virtue of the impugned award dated 6th August, 2004, the Tribunal has set aside the punishment of compulsory retirement which was imposed by the petitioner/Management on the respondent/workman after holding a domestic enquiry on the ground that it was disproportionate to the proved mis -conduct of the respondent/workman. The ground on which this punishment was set aside was that the mis -conduct was considered to be trivial and accordingly the learned Tribunal substituted the said punishment with a stoppage of two increments with cumulative effect and directed the reinstatement of the respondent/workman with payment of 25% of back wages.

(3.) THE respondent/workman made a reference to the Central Government whereupon the Ministry of Labour vide letter dated 20.1.1995 made the following reference for the adjudication of the learned Tribunal: