- (1.) The instant writ petition has been filed by the petitioner- employer challenging the award dated 4th October, 2019 passed by the Industrial Tribunal, Jaipur. The Tribunal, by the said award, has set aside the penalty order dated 30th April, 1999, imposing penalty of stoppage of one annual grade increment without cumulative effect on the respondent-workman.
(2.) The charge against the delinquent was in respect of remaining absent on 27th June, 1995. The Enquiry Officer conducted the enquiry and found that no charge was proved against the delinquent. The Disciplinary Authority did not agree with the findings of the Enquiry Officer and found that misconduct, relating to absence of duty, was committed by the delinquent and as such, disagreeing with the findings of the Enquiry Officer, the penalty order was passed. The said penalty order was put to challenge by way of reference before the Industrial Tribunal, Jaipur. The Tribunal considering the settled law on the issue that the Disciplinary Authority is required to give, at least, Show Cause Notice and the reasons of disagreement to the delinquent where, it does not agree with the findings of the Enquiry Officer held that the penalty order without supplying reasons of disagreement, is not sustainable in the eye of law.
(3.) Learned counsel for the petitioner Corporation Mr.VP Mathur submitted that the award dated 4th October, 2019 is required to be interfered by this Court, as the same is not sustainable in the eye of law. Learned counsel submitted that the alleged penalty order was dated 30th April, 1999 and reference was made after inordinate delay of 10 years and as such, no relief should have been granted, considering the delay in making a reference to the Industrial Tribunal.;