Gujarat High Court
Divisional vs V on 14 June, 2010
Author: R.Tripathi
Bench: Ravi R.Tripathi
SCA/4446/2011 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 4446 of 2011 ========================================================= DIVISIONAL CONTROLLER - Petitioner(s) Versus V H GANAVA - THROUGH SECRETARY - S.T.KARMCHARI MANDAL - Respondent(s) ========================================================= Appearance : MR NIKUNT K RAVAL for Petitioner(s) : 1, NOTICE SERVED for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI Date : 28/06/2011 ORAL ORDER
1. Divisional Controller of Gujarat State Road Transport Corporation is before this Court, challenging the award and order, dated 14.06.2010, passed by the learned Member of the Industrial Tribunal No.1 at Vadodara, whereby the order passed by the authorities, stopping the increment for five years with cumulative effect, is held to be good, but, the order passed in review of placing the respondent-workmen on the initial pay till his retirement, is quashed and set aside.
2. Notice was issued on 22nd April, 2011, making it returnable on 22.06.2011. Despite service nobody appears for the respondent.
3. Learned Advocate Mr. Nikunt K. Raval, 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 the learned Division Bench has held that the Labour Court/Tribunal has jurisdiction to interfere with the punishment only in the case of discharge or dismissal of the workman. The Division Bench, further, held that interference with punishment of reduction in basic pay was without jurisdiction.
4. RULE, returnable on 25TH JULY, 2011.
5. Ad-interim-relief in terms of PARA-9(B).
6. NOTICE as to interim relief, returnable on 25TH JULY, 2011.
(RAVI R.TRIPATHI,J.) Umesh/