LAWS(GJH)-2015-9-225

MITHUSING NENUSING CHAUHAN Vs. MUNICIPAL COMMISSIONER & 1

Decided On September 23, 2015
Mithusing Nenusing Chauhan Appellant
V/S
Municipal Commissioner And 1 Respondents

JUDGEMENT

(1.) This petition is filed under Articles 226 and 227 of the Constitution of India, wherein the petitioner has prayed that the award and order dated 28th May 2014 passed by the Industrial Tribunal, Ahmedabad, in Reference (IT) No.142 of 2010 be modified as by way of the said award full relief of quashing and setting aside the order of Disciplinary Authority dated 03.08.2009 is not granted.

(2.) Heard learned advocate Mr. P.C.Chaudhary for the petitioner and learned advocate Ms. Jirga D. Jhaveri for respondent No.1.

(3.) Learned advocate Mr. Chaudhary for the petitioner submitted that petitioner was working with the respondent. Petitioner was placed under suspension by an order dated 11.06.2008. Thereafter, charge-sheet came to be issued on 03.07.2008. Inquiry Officer was appointed and after departmental inquiry, the Disciplinary Authority imposed punishment of withholding of five increments with future effect. Petitioner, therefore, raised the dispute which was culminated into Reference (IT) No. 142 of 2010 and the Industrial Tribunal partly allowed the said reference by impugned award dated 28.05.2014, whereby the Industrial Tribunal modified the order passed by the Disciplinary Authority and imposed the punishment of withholding of four increments with future effect. The petitioner has, therefore, filed this petition in which the petitioner has prayed that the Tribunal ought to have quashed and set aside the order of the Disciplinary Authority.