- (1.) THIS petition is directed against the award dated October 23, 1991, passed by the Industrial Tribunal, Jaipur, in Case No. I. T. 207 of 1989.
(2.) ON the basis of a departmental enquiry held against respondent No. 1, the competent authorities of the Rajasthan State Road Transport Corporation (for short "the Corporation"), passed orders dated June 6, 1981, February 24, 1978, and January 2, 1985, imposing penalties of stoppage of one grade increment with cumulative effect, two grade increments with cumulative effect and three grade increments with cumulative effect respectively. The Rajasthan State Roadways Anusuchit Jati/janjati Karmachari Sangh raised a dispute in relation to the punishment imposed on respondent No. 1. Efforts made for settlement before the conciliation officer failed and after considering the failure report of the conciliation officer, the State Government issued notification dated November 8, 1989, for reference of the dispute to the Industrial Tribunal, Jaipur. The reference made by the State Government was in the following terms: (The portion in vernalilar is not printerd here - Editor)
(3.) IN its claim petition, the Karmachari Sangh claimed that respondent No. 1 was its member. He had been appointed as a conductor in the service of the Corporation. He was confirmed as booking clerk in the year 1977. On the basis of a memorandum dated December 1, 1980, the employer passed an order dated June 6, 1981 imposing a penalty of stoppage of one grade increment with cumulative effect on the workman. Earlier to this, order dated February 24, 1978, was issued imposing a penalty of stoppage of two grade increments with cumulative effect in pursuance of an inquiry held on the basis of memorandum dated October 24, 1977. By order dated October 29, 1984, of the disciplinary authority the workman was removed from service. However, the appellate authority reduced the penalty of removal to that of stoppage of three increments with cumulative effect by order dated January 2, 1985. The Sangh claimed that inquiries had been held against the workman in contravention of the principles of natural justice, inasmuch as copies of the documents had not been made available to the workman, no evidence had been recorded and opportunity of defence was not given. It also claimed that the punishment imposed on the workman was highly excessive and unjustified. The petitioners contested the claim of the Sangh and alleged that the workman had been penalised on various occasions in respect of charges of carrying passengers without tickets. The petitioners pleaded that fair and proper inquiry had been held in all the three cases and punishment had been imposed on the workman having regard to the nature of misconduct committed by him.;