LAWS(RAJ)-2017-1-57

RAJASTHAN STATE ROAD TRANSPORT CORPORATION (RSRTC), PARIVAHAN MARG, JAIPUR Vs. RAM KUMAR JAITELY S/O SHRI JHANGI RAM JAITLEY, RESIDENT OF WARD NO.10, ANOOPGARH, DISTRICT SRI GANGANAGAR

Decided On January 10, 2017
Rajasthan State Road Transport Corporation (Rsrtc), Parivahan Marg, Jaipur Appellant
V/S
Ram Kumar Jaitely S/O Shri Jhangi Ram Jaitley, Resident Of Ward No.10, Anoopgarh, District Sri Ganganagar Respondents

JUDGEMENT

(1.) The writ petition filed by the petitioners against the award dated 08.06.2001 passed in Industrial Dispute Case No.124/1999 by the Industrial Tribunal cum Labour Court, Sri Ganganagar.

(2.) By way of this petition petitioners raised a short question of law whether the Industrial Tribunal or Labour Court, Sri Ganganagar while examining a reference made to it under Sec. 10 of the Industrial Tribunal Act, 1947 (in short 'the Act of 1947') passed an award dated 08.06.2001 on quantum of punishment where the punishment is other than dismissal or removal from service. In other words, whether the power as available to the Industrial Tribunal or Labour Court, Sri Ganganagar (in short 'the Tribunal) under Sec. 11 (A) of the Act of 1947 can also be extended to power to examine the propriety of punishment order which has been referred to it reference made under Sec. 10 of the Act of 1947.

(3.) The factual matrix of the present case is that the petitioner challenged the award passed by the Tribunal wherein the respondent had raised a dispute referred to it with regard to punishment awarded to him of stoppage of eight annual grade increments by way of different orders. The reference was made on behalf of petitioner through its Union on 22.01.1998.