Rajasthan High Court - Jodhpur
Raj. State Road Transport Corp., & Anr vs Satya Prakash & Anr on 22 November, 2013
Author: Govind Mathur
Bench: Govind Mathur
(1)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
ORDER
S.B. CIVIL WRIT PETITION NO.8489/2010
Rajasthan State Road Transport Corporation & Anr.
Vs.
Satya Prakash & Anr.
DATE OF ORDER : 22.11.2013
PRESENT
HON'BLE MR. JUSTICE GOVIND MATHUR
None present for the petitioner (s)
Mr. K.S. Yadav, for the respondent no.1
...
BY THE COURT :
This matter came up for its adjudication in the spirit of Lok Adalat.
By this petition for writ a challenge is given to award dated 15.2.2005 passed by Industrial Tribunal cum Labour Court, Sri Ganganagar in Industrial Dispute No.13/04.
By the award impugned, the learned Labour Court after considering the material available on record arrived at the conclusion that the penalty imposed by employer i.e. withholding of three annual grade increments with cumulative effect is disproportionate to the delinquency established, thus, modified the same by stoppage of three annual grade increments without cumulative effect. The other punishments were maintained by the Labour Court. The Labour Court further directed the respondents to (2) make payment of full wages relating to the period the workman remained under suspension.
In view of the fact that this petition for writ is required to be disposed of in the spirit of Lok Adalat, I deem it appropriate to maintain the award to the extent of modification of penalty, however, the workman shall not be entitled for full wages for the period he remained under suspension except subsistence allowance.
The writ petition stands disposed of.
(GOVIND MATHUR), J.
Sanjay