DIVISIONAL CONTROLLER Vs. IQBALBHAI KASAMBHAI MIRZA

JUDGEMENT

(1.) The present writ petition has been filed inter alia seeking following reliefs:

(2.) At the outset, learned advocate Mr. Hardik Rawal appearing for the petitioner has submitted that the impugned award is required to be quashed and set aside since the industrial dispute is raised after 15 years and that too after retirement of the petitioner on 31/7/2008. It is submitted that after holding the departmental inquiry, on 31/3/1992, the order of punishment of stoppage of increments for two years with permanent effect was passed and the dispute has been raised on 12/6/2009 and hence, the Industrial Tribunal should not have entertained the reference.

(3.) In response to the aforesaid submissions, learned advocate Ms. Tejal Shah appearing for the respondent-workman has submitted that the impugned award does not require any interference since the respondent-workman was not paid the retirement benefits and hence, he was constrained to raise the industrial dispute. Thus, she has submitted that the Industrial Tribunal, after appreciating the documentary as well as oral evidence, has set aside the punishment order. Thus, she has submitted that the writ petition may be rejected.