DIVISIONAL CONTROLLER Vs. AMINSHA R. FAKIR

JUDGEMENT

(1.) Petitioner - Gujarat State Road Transport Corporation has filed this petition with the following prayers:

(2.) Facts, referred in the petition, are as under : The respondent-workman was working with the petitioner-corporation as Conductor. For the misconduct, he was subjected to departmental inquiry and after completion of the inquiry proceedings, he was inflicted with penalty of lowest of time scale by an order dtd. 22/11/1985. Aggrieved by the penalty, respondent-workman preferred Civil Suit No.1093 of 1992, which came to be allowed. The petitioner- corporation preferred First Appeal challenging an order passed in the Civil Suit, which was dismissed. When the corporation preferred Second Appeal before this Court, this Court allowed the Second Appeal filed by the Corporation and remanded the matter to the District Court. District Court thereafter on 5/6/2007 held that Civil Court has no jurisdiction and permitted the workman to avail appropriate remedy under the provision of the Industrial Disputes Act. Pursuant to which, the workman raised dispute registered as Reference (I.T.) No.214 of 2012. Upon adjudication, the Industrial Tribunal, Jamnagar modified the order of penalty from putting the respondent-workman in the lowest of time scale to stoppage of three increments without future effect. It was also directed that the petitioner shall pay the amount within a period of 30 days. Aggrieved by modification of the penalty vide award dtd. 20/6/2015, the present petition is filed.

(3.) Heard Mr.H.S.Munshaw, learned advocate for the petitioner-corporation and Ms.Hina Desai, learned advocate for the respondent-workman.