DIVISIONAL CONTROLLER Vs. KANJI BHIMJI SARVAIYA

JUDGEMENT

(1.) HEARD learned Advocate Mr. Hemant Munshaw for the petitioner and Mr. Kishor Paul for the respondent workman.

(2.) BY filing of this petition under Article 226/227 of the Constitution of India, the petitioner is challenging the order passed by the Industrial Tribunal, Rajkot in Reference I.T No. 87 of 1993 whereby the punishment orders No. 92/1992 and 10/1992 were quashed and set aside and the petitioner corporation is directed to pay the difference for which the respondent workman is entitled. The Tribunal has confirmed the penal order No. 354/1991.

(3.) MR . Munshaw, learned advocate appearing for the petitioner submitted that there is sufficient evidence on record which proves that the respondent was involved in the case of accident. He submitted that even if a person is acquitted in a criminal case, for the same charges departmental inquiry can be initiated and appropriate punishment can be imposed. He further submitted that there were in all 19 defaults on the part of the respondent workman of which 11 relate to accidents.