LAWS(GJH)-2018-9-346

DIVISIONAL CONTROLLER Vs. PRATAP JAGDISHCHANDRA JAGANI

Decided On September 26, 2018
DIVISIONAL CONTROLLER Appellant
V/S
Pratap Jagdishchandra Jagani Respondents

JUDGEMENT

(1.) Heard Mr.G.M. Joshi, learned advocate for the petitioner Gujarat State Road Transport Corporation in SCA No.21240/2015, SCA No.1/2016 and SCA No.199/2016 and Mr.H.S. Munshaw, learned advocate for the petitioner for the same petitioner in SCA No.639/2016 as well as Mr.Y.N. Pandya, learned advocate appeared for the respondent in the captioned four petitions.

(2.) In SCA No.21240/2015, the petitioner Gujarat State Road Transport Corporation has challenged the award dated 27.6.2015 passed by the learned Tribunal at Jamnagar in Reference (IT) No.383 of 2012 (Old Reference No.177 of 2011) whereby the learned Tribunal interfered with the order of penalty passed by the employer, though the said order of penalty was short of discharge or dismissal.

(3.) So far as factual backdrop is concerned, it has emerged from the awards which are challenged in present petitions and so also from the submissions by learned advocates that the respondent in the captioned four petitions (i.e. original claimant before the learned Tribunal) raised industrial dispute against the orders of penalty passed by the Disciplinary Authority after conducing domestic enquiry in connection with the reported misconduct allegedly committed by present respondent.