DIVISIONAL CONTROLLER Vs. SECRETARY, STATE TRANSPORT KARMACHARI MANDAL

JUDGEMENT

(1.) Rule. Mr.Jayesh Barot, learned advocate waives service of notice of Rule for the respondent workman. By consent of the learned advocates for both the parties, the matter is taken up for final hearing.

(2.) By way of filing of the present petition, the petitioner has challenged the award and order dated 28.11.2017 passed by the learned Presiding Officer, Industrial Tribunal No.5, Ahmedabad in Reference (I.T) Case No.22 of 2011. The learned Presiding Officer, Industrial Tribunal No.5, Ahmedabad, by the order under challenge, partly allowed the same and quashed and set-aside the order imposing punishment dated 25.10.2004 upon the respondent workman and directed the petitioner for re-fixation of salary by considering interregnum period as notional. The learned Presiding Officer, Industrial Tribunal No.5, Ahmedabad also held that the respondent workman shall not be entitled for any amount towards arrears of salary.

(3.) The brief facts of this petition can be summarized as under.