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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