GUJRART STATE ROAD TRANSPORT CORPORATION Vs. FIROZKHAN A PATHAN C/O KHEDA VIBHAG S T KARMACHARI MANDAL

JUDGEMENT

(1.) HEARD Ms. Mehta 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 the petition is taken up for final hearing and disposal. Mr. Rathod learned advocate waives service of Notice of Rule.

(2.) BY the present petition the petitioner Corporation has challenged an award dated 18.12.2007 passed by the industrial tribunal, Nadiad in reference (ITN) No. 200 of 2001 by which the industrial tribunal has set aside the order imposing penalty of levying 18 percent interest on the amount recoverable from the respondent.

(3.) THE respondent herein raised an industrial dispute upon being aggrieved by order of the competent authority directing recovery of Rs. 37,472/ - with interest at the rare of 18% on account of 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.