DIVISIONAL CONTROLLER Vs. K G BRAHMBHATT

JUDGEMENT

(1.) ON 23rd June 2009, the Court issued rule and notice as to interim relief returnable on 22nd July 2009. The matter was thereafter adjourned from time to time and on 4th September 2009, Mr. Paul, learned advocate appeared for the respondent. At the request of learned advocate Mr. Paul and with the consent of the learned advocate for the petitioner, the matter is taken up for final disposal.

(2.) IN this petition, the short question is as to whether the learned Member of the Industrial Tribunal (Gujarat) at Nadiad (hereinafter referred to as "the Tribunal") has committed an error in interfering with the punishment awarded by the petitioner (GSRTC) of lowering down the respondent by five stages in his basic pay.

(3.) AT the time of admission, the learned advocate for the petitioner relied upon a decision of the Hon'ble the Apex Court in the matter of U. P. State Road Transport Corporation Vs. Vinod Kumar, reported in (2008) 1 SCC 115, wherein the Hon'ble the Apex Court while considering as to whether under section 11a of the Industrial Disputes Act, 1947, the Tribunals and Courts shall interfere with the orders imposing punishment.