CHIEF MANAGER Vs. RAJASTHAN TRANSPORT WORKS SANGATHAN

JUDGEMENT

(1.) The petitioner, Rajasthan State Road Transport Corporation (hereinafter to be referred as 'Corporation') has assailed the legality and validity of award dtd. 29/9/2003 passed by the Industrial Tribunal, Jaipur (hereinafter to be referred as 'the Tribunal'), whereby, penalty order dtd. 1/7/1987 penalising the workman Kailash Chand son of Thanwar Ram with penalty of withholding three annual grade increments with cumulative effect and forfeiture of benefits arisen during suspension period, has been quashed and set aside.

(2.) Learned counsel for the petitioner submits that earlier, pursuant to charge sheet dtd. 6/11/1994 and enquiry conducted in continuation thereof, vide order dtd. 8/4/1997, the workman was dismissed from service. Feeling aggrieved, the workman filed appeal against the penalty order. The Appellate Authority modified the penalty order and instead of dismissal, penalty of withholding of three annual grade increments with cumulative effect as well as forfeiture of remaining benefits of suspension period was imposed upon the workman.

(3.) The workman through Respondent No. 1, Rajasthan Transport Workers Union raised industrial dispute, which was ultimately referred to the Tribunal for adjudication.