DIVISIONAL CONTROLLER Vs. S A SHEKH KHEDA DIVISION

JUDGEMENT

(1.) HEARD Mr. Munshaw learned advocate for the petitioner and Mr. Rathod learned advocate for the respondent. Rule. At the request of and with the consent of learned advocates, Rule is made returnable forthwith and the the petition is taken up for final hearing and disposal. Mr. Rathod learned advocate had waived service of notice of Rule.

(2.) BY the present petition the petitioner corporation has challenged an award dated 26. 11. 2001 passed by the Industrial tribunal, Nadiad in reference (ITN) No. 195 of 2001 by which the Industrial tribunal has set aside the departmental authority's order imposing penalty of levying interest @ 18% on the amount recoverable from the respondent.

(3.) THE respondent herein raised an industrial dispute upon being aggrieved by order of the departmental authority directing recovery of Rs. 37,472/- with interest at the rate of 18% on account of alleged negligence of respondent which resulted into loss or damages to the Corporation. The petitioner approached the Court on the premise that due to fault of someone else he was being penalized and the action and order of the respondent Corporation was arbitrary and without authority in law.