K. M. Thaker, J. - (1.) Heard Mr. Joshi, learned advocate for the petitioner. The respondent No.2, though served, has not entered appearance.
(2.) In this petition, the petitioner has prayed, inter alia, that:- "7(A) This Hon'ble Court be pleased to issue a writ of certiorari or any other appropriate writ, order or direction in the form of certiorari or any other appropriate writ, order or direction calling for the records and proceedings of Reference (I.T.) No.60 of 2009 and after perusing the same be pleased to quash and set aside the award of the tribunal dated on 20/05/2013." 2.1 The petitioner is aggrieved by award dated 20.5.2013 passed by learned Tribunal in Reference (IT) No.60 of 2009 whereby the learned Tribunal set aside the order of penalty passed by the appellate authority of the petitioner corporation against the concerned workman.
(3.) So far as order of penalty passed against the concerned workman is concerned, it is necessary and appropriate to note, at this stage, that upon conclusion of domestic inquiry and after considering all findings recorded by the Inquiry Officer in his final report, the disciplinary authority had imposed penalty by way of dismissal from service. 3.1 However, against the order of disciplinary authority, the concerned workman preferred departmental appeal. 3.2 The appellate authority considered the appeal and the order of disciplinary authority and in exercise of his appellate power, the appellate authority modified the order of penalty, inasmuch as the appellate authority set aside the order whereby the concerned workman was dismissed from service. Instead, the appellate authority directed reinstatement of the concerned workman and imposed modified penalty of reducing workman's salary in the pay scale by 5 stages. 3.3 Consequently, the penalty order terminating service of the petitioner did not survive when the appellate authority passed the order and modified the penalty.;