LAWS(GJH)-2010-8-76

ST CORPORATION Vs. GOPALBHAI PUNJABHAI GOHIL

Decided On August 11, 2010
ST CORPORATION Appellant
V/S
GOPALBHAI PUNJABHAI GOHIL Respondents

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the judgment and award passed by the Industrial Tribunal, Rajkot in Reference (IT) No.82/1993 dated 01.03.2005, whereby, the order of punishment dated 13.01.1988 passed by the petitioner-Corporation was set aside and it was directed that the respondent shall not be entitled for the difference of amount on account of the setting aside of the order of punishment.

(2.) The facts in brief are that the respondent was charge-sheeted for disciplinary proceedings in connection with a misconduct that was allegedly committed on 23.02.1985 where the respondent had misused the bus of the petitioner-Corporation. Ultimately, the disciplinary authority imposed the punishment of dismissal from service, vide order dated 28.08.1985. First and second appeals filed before the appellate authorities of the petitioner-Corporation came to be rejected.

(3.) Therefore, the respondent raised a dispute, which was referred to the Industrial Tribunal, Rajkot for adjudication. The Tribunal, after hearing both the sides, partly allowed the reference by way of the impugned award. Hence, this petition.