Gujarat High Court
Chief vs P on 1 July, 2011
Author: R.Tripathi
Bench: Ravi R.Tripathi
Gujarat High Court Case Information System
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SCA/16937/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 16937 of 2010
With
SPECIAL
CIVIL APPLICATION No. 6009 of
2011
=========================================================
CHIEF
ADMINISTRATIVE OFFICER & 1 - Petitioner(s)
Versus
P
A VEJANI - Respondent(s)
=========================================================
Appearance
:
MR
KH BAXI for
Petitioner(s) : 1 - 2.
NOTICE SERVED for Respondent(s) : 1,
MR
SAMIR B GOHIL for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 01/07/2011
ORAL
ORDER
RULE.
Learned Advocate, Mr. Samir B. Gohil, waives service of rule for the respondent.
1. Chief Administrative Officer, Gujarat Water Supply and Sewerage Board, Gandhinagar, along with Superintendent Engineer, P.H.E. Circle, G.W.S.S.B., Bhavnagar, is before this Court, challenging the award and order dated 30th September, 2010, passed by the learned Member of Industrial Tribunal, Gujarat at Bhavnagar in Reference I.T. No. 17/2003, whereby the learned Member of the Tribunal was pleased to substitute the penalty imposed by the present petitioner on the respondent-Workman.
2. By order dated 10th April, 2002, the petitioner-Management was pleased to impose penalty of ' stoppage of one increment with future effect', instead of that the learned Member of the Industrial Tribunal awarded the penalty of ' stoppage of two increments without future effect'.
3. Learned Advocate, Mr. K.H. Baxi, appearing for the petitioner-Management invited attention of this Court to Section-11A of the Industrial Disputes Act, 1947. Learned Advocate for the petitioner submitted that from the title of Section-11A, it is clear that the section empowers the Labour Court/Tribunal and National Tribunal to give appropriate relief, in case of ' DISCHARGE' or ' DISMISSAL'.
In support of the above contention, learned Advocate, Mr. Baxi, for the petitioner, invites attention of this Court to a decision of the Division Bench of this Court in the matter of "VANKAR R.R. VS. GUJARAT STATE ROAD TRANSPORT CORPORATION"
reported in 2005 III LL.J. 191, wherein this Court held that the Labour Court/Tribunal has jurisdiction to interfere with the punishment only in the case of ' discharge' or ' dismissal'. The Court, further, held that interference with punishment of reduction in basic pay was without jurisdiction.
4. Learned Advocate for the petitioner, further, submitted that in light of the aforesaid provision of law and in view of the observations made by the Division Bench of this Court in the matter of "VANKAR R.R."(Supra), the substitution of punishment by the learned Member of the Industrial Tribunal is bad in law and requires to be quashed and set aside.
5. Having heard learned Advocates for the parties and on perusal of the order and award, dated 30th September, 2010, in light of provision of law, and a binding decision of Devision Bench of this Court the petition deserves to be allowed and the same is ALLOWED.
6. Order dated 30th September, 2010, to the extent it substitutes the penalty of 'stoppage of one increment with future effect', with penalty of 'stoppage of two increments without future effect', is QUASHED and set aside. Order dated 10TH APRIL, 2010 is RESTORED. Rule is made absolute. No order as to costs.
7. So far as Special Civil Application No. 6009 of 2011 is concerned, this petition is filed by the workman, challenging the same award and order, on the ground that the learned Member of the Industrial Tribunal has committed an error in not granting any relief so far as 'suspension period' is concerned and also with regard to 'the amount recovered by way of penalty'.
8. For the reasons set out herein above, this petition is found without any substance, hence DISMISSED.
Notice is discharged.
(RAVI R.TRIPATHI,J.) Umesh/ Top