JIVABHAI DHULABHAI ROHIT Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) The petitioner who has filed both the petitions has challenged two awards of the Industrial Tribunal in succession. By Special Civil Application No. 1689 of 2019, the order of the Tribunal under challenge is dtd. 3/3/2018 passed in Reference I.T. No. 376 of 2002 by which the Tribunal partly allowed the reference of the petitioner and quashed and set aside the order of reduction in the pay-scale of the petitioner by putting him in the original pay-scale. That order of penalty was dtd. 31/5/2001.

(2.) Facts in brief would indicate that the petitioner was serving as a Clerk in the State Transport Depot, Mansa. He was chargesheeted on 18/4/2001 for having remained absent from 9/11/2000. The case of the Corporation was that he was remaining absent from 9/11/2000 without prior permission and from 8/12/2000 he had sent reports of leave with medical certificates. After having sent medical reports for the period upto 8/1/2001, the petitioner continued to remain absent without submission of medical reports and therefore the penalty of reduction in pay to the lowest in the time scale was passed on 31/2/2001.

(3.) Mr. P.C. Chaudhari, learned advocate for the petitioner would submit that as far as the order of reduction in pay is concerned, the petitioner is entitled to arrears for the period of 3 years when the Tribunal found that the penalty was unjustified and there were no proceedings to prove the charge.