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Gujarat High Court

Legal Advisor S T Nivrut Karmchari ... vs Divisional Controller, Gujarat State ... on 25 February, 2020

Author: Sonia Gokani

Bench: Sonia Gokani

            C/SCA/4863/2020                                    ORDER




   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CIVIL APPLICATION NO. 4863 of 2020
==========================================================
   LEGAL ADVISOR S T NIVRUT KARMCHARI SAHYOG SANGH SHRI
                     FIROZKHAN M PATHAN
                             Versus
   DIVISIONAL CONTROLLER, GUJARAT STATE ROAD TRANSPORT
                         CORPORATION
==========================================================
Appearance:
MR. RISHIN R PATEL(7222) for the Petitioner(s) No. 1
for the Respondent(s) No. 1
==========================================================

CORAM: HONOURABLE MS JUSTICE SONIA GOKANI

                              Date : 25/02/2020
                                ORAL ORDER

By way of this petition, the petitioner has challenged the Judgement and Award dated 3/5/2019 passed by the Industrial Tribunal, Vadodara in Reference (IT) No.57 of 2018, by which the Tribunal rejected the Reference on the ground of delay of 16 years.

So far as challenge to the inquiry and punishment order dated 20/6/2001 is concerned, there is delay of 16 years as could be noticed from the record. The Labour Court was not satisfied with the explanation and not interfered with the punishment. This Court also finds that no interference is desirable. However, so far as the second and third punishments are concerned, no increment was released prior to retirement of the petitioner though the period of punishment had been over prior to retirement of the petitioner and hence to that extent only, NOTICE, returnable on 5/3/2020.

Sd/-

(SONIA GOKANI, J) RAFIK..

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