DIVISIONAL CONTROLLER Vs. RAJENDRASINH KISHORSINH VIHOL
LAWS(GJH)-2013-1-239
HIGH COURT OF GUJARAT
Decided on January 10,2013

DIVISIONAL CONTROLLER Appellant
VERSUS
Rajendrasinh Kishorsinh Vihol Respondents

JUDGEMENT

K.S.JHAVERI - (1.)WITH consent of the parties, the matter is taken up for final disposal.
(2.)RULE . Mr. Mukesh Rathod, learned advocate waives service of notice of rule on behalf of the respondent since he was representative of the respondentemployee before the Labour Court.
This petition has been preferred against the judgment and award dated 20.07.2012 passed by the Industrial Tribunal, Ahmedabad in Reference (I.T.) No. 148 of 2010 whereby the reference filed by the respondent came to be allowed by setting aside the penal order imposed upon the respondent and directed the petitioner to pay all the consequential benefits to him.

(3.)THE facts of the case in brief are that the respondent workman was working as a Driver with the petitioner Corporation. When he was driving the bus on IndoreAhmedabad route on 25.07.2000, he caused an accident with Tata Sumo because of which the driver of the Tata Sumo died for which he was chargesheeted and departmental inquiry was initiated. At the end of the departmental inquiry, the competent authority passed order dated 30.06.2003 by imposing penalty of stoppage of five increments with future effect upon the respondent. The respondent preferred first departmental appeal and the appellate authority by order dated 23.11.2004 reduced the penalty from five increments with future effect to four increments with future effect. The respondent preferred second appeal which was rejected on 03.12.2004.
4.1 The respondent therefore, raised an industrial dispute in 2010 which culminated into a reference before the Industrial Tribunal, Ahmedabad. After hearing both the sides, the Industrial Tribunal allowed the reference as aforesaid, by impugned award dated 20.07.2012. Hence, this petition.



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