Civil Writ Petition No. 1618 of 1998. Case: Rajasthan State Road Transport Corporation Vs Surendra Singh Rajawat. Rajasthan High Court
| Case Number | Civil Writ Petition No. 1618 of 1998 |
| Counsel | For Appellant: Mukesh Kumar Verma, Adv. and For Respondents: Govind Gupta, Adv. |
| Judges | Veerendra Singh Siradhana, J. |
| Issue | Labour and Industrial Law |
| Citation | 2014 LLR 751 |
| Judgement Date | February 07, 2014 |
| Court | Rajasthan High Court |
Judgment:
Veerendra Singh Siradhana, J.
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The petitioner - Rajasthan State Road Transport Corporation, Jaipur (hereinafter referred to as 'the petitioner Corporation', for short), in the instant writ petition, projects a challenge to the legality, validity and correctness of the award dated 2nd July, 1997 passed by the Industrial Tribunal, Jaipur (for short 'the learned Tribunal') interfering with the order of penalty dated 8th May, 1978 imposing a penalty of two annual grade increments on the respondent/workman (Surendra Singh Rajawat). Shron off the unnecessary details, the essential material facts necessary for adjudication of the controversy are:
That the petitioner Corporation raised an industrial dispute in the matter of penalty imposed on one Shri Surendra Singh Rajawat (respondent/workman) stopping two annual grade increments vide order dated 8th May, 1978. The respondent/workman was also punished with stoppage of one annual grade increment with cumulative effect vide order dated 17th May, 1979. The learned Tribunal taking into consideration the pleaded facts; statement of claim and reply submitted on behalf of the petitioner Corporation as well as the evidence led by the parties, passed the impugned award dated 2nd July, 1997 setting aside the order of penalty dated 8th May, 1978 for stoppage of two annual grade increments. However, the order of penalty of stoppage of one annual grade increment with cumulative effect vide order dated 17th May, 1979, was upheld. On 12th December, 1977, a charge-sheet was served on the respondent/workman as he was carrying 19 passengers without ticket on 18th November, 1977, while discharging his duty as Conductor on Bus No. 2060 of the petitioner Corporation on Vansthali-Jaipur Route. The Inspection Team found the Conductor (respondent/workman) punching the tickets for 13 passengers and 6 passengers were found without ticket, though fare was collected from all the 19 passengers. The charges were substantiated by documentary evidence as well as statement deposed by the witnesses including one Shri S.C. Khandel. On conclusion of the departmental inquiry as per the rules, the respondent/workman was inflicted with the penalty of stoppage of two annual grade increments vide order dated 8th May, 1978.
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The learned counsel for the petitioner-Corporation reiterating the contents of the writ application, submitted that the learned Tribunal fell in gross error of law and facts while interfering with the...
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