DIVISIONAL CONTROLLER Vs. VINAYAK EMPLOYEE MANDAL

JUDGEMENT

(1.) Challenge in this petition is made by the employer to the award passed by the Industrial Tribunal, Rajkot dated 19.12.2014 in Reference (IT) No. 304 of 2012. By the impugned award, the Tribunal has interfered in the punishment order of the year 1997, in the reference, which was filed in the year 2012. The punishment order which was the subject matter before the Tribunal, was withholding of increments for five years.

(2.) Mr. Joshi, learned advocate for the petitioner - employer has submitted that for proved misconduct, punishment of withholding of five increments with future effect was imposed on the respondent vide order dated 28.02.1997. The said punishment had outlived its life in the year 2002 - 2003. A decade thereafter, the respondent - workman challenged it before the Tribunal. It is submitted that in the said proceedings, challenge to the legality of the departmental inquiry was given up and even then the Tribunal went into the procedural aspects and has interfered in the order by substituting it by imposing one increment with future effect. It is submitted that the delay on the part of the respondent was fatal in this case. It is submitted that the Tribunal ought not to have interfered.

(3.) On the other hand, Mr. Pandya, learned advocate for the respondent has submitted that the law of limitation does not apply in the labour dispute and therefore the delay should not operate against the respondent. It is submitted that this petition be dismissed.