RAJASTHAN STATE ROAD TRANSPORT CORPORATION Vs. GENERAL SECRETARY, RAJASTHAN TRANSPORT WORKERS UNION AND ANR.

JUDGEMENT

(1.) Petitioner has challenged the award dated 27.12.2003 passed by the Industrial Tribunal, Jaipur by which while holding the punishment of stoppage of two grade increments with cumulative effect imposed on the concerned workman as illegal and unjustified the concerned workman was held entitled for all consequential benefits. While relying on the judgment of this Court in the case of RSRTC v/s. Inder Singh,, RLW 1988 (1) 540 the Tribunal held that there is no provision of punishment of stoppage of grade increment with cumulative effect under the Standing Orders.

(2.) Learned counsel for the petitioner submitted that the judgment of the learned Single Judge of this Court in the case of Inder Singh (Supra) has already been set aside by the Division Bench in DB Civil Special Appeal No. 367/1998, decided on 17.02.2005. The Division Bench in the above judgment has relied on earlier judgment of the Division Bench of this Court in the case of Fateh Singh Jhajharia v/s. RSRTC, D.B. Civil Special Appeal No. 282/2003, decided on 23/09/2004. The Division Bench in the above case has observed that the penalty provided is withholding of increments. Whether it is with or without cumulative effect may result in altering the nature of the penalty to the minor or major but the penalty remains withholding of increments and the penalty of withholding having been included as one of the penalties which can be imposed in case of any proven misconduct. The Division Bench has also relied upon earlier judgment of Division Bench of this Court in the case of Krishna Dutta Sharma v/s. State of Rajasthan,, RLR 1987 (1) 346.

(3.) In the present case, since the impugned award has been passed solely relying upon the judgment of this Court in the case of Inder Singh (Supra) and the same having been reversed by the Division Bench, in my opinion, the impugned award cannot be sustained in the eyes of law. Accordingly, the writ petition is allowed. The impugned award dated 27/12/2003 is set aside and the matter is remanded back to the Tribunal to decide the reference afresh after giving an opportunity of hearing to both the parties. Since none is appearing on behalf of the concerned workman, the Tribunal may issue fresh notice to the concerned union and the workman also. The hearing of the case be expedited.