- (1.) By way of the instant writ petition, the petitioner R.S.R.T.C. has approached this Court assailing the award dated 17.8.2005 passed by the learned Judge, Industrial Tribunal-cum-Labour Court, Sri Ganganagar in Industrial Reference Case No. 10/2005. Whilst accepting the claim preferred by the workman, the fine of Rs. 23000/- imposed upon the workman by the order dated 19.8.2002 passed by the Chief Manager, R.S.R.T.C. was set aside and the workman was also held entitled to reimbursement of the said amount with interest thereupon. Furthermore the workman was accorded the benefits of selection scales upon completing 9, 18 and 27 years of service and was also granted two annual grade increments which were withheld by the Corporation.
(2.) Facts in brief are that the respondent workman was appointed as a driver in the petitioner Rajasthan State Road Corporation (hereinafter referred to as the Corporation) on 25.6.1968. Whilst he was plying a bus of the petitioner Corporation on 31.12.1997, it met with an accident with another bus of the Corporation due to which the respondent workman and some passengers received injuries. The respondent has claimed that he received 90% disability owing to the injuries suffered in the accident and was rendered unfit from discharging the duties of a driver thereafter. Accordingly, he sought and was granted voluntary retirement from the petitioner Corporation w.e.f. 31.1.2000.
(3.) The respondent workman was served a charge-sheet for causing the accident by rash and negligent driving and upon conclusion of the enquiry, an order dated 19.8.2002 was passed by the Chief Manager of the Corporation i.e. the Disciplinary Authority imposing upon him a fine of Rs. 23000/- in lieu of the loss caused to the Corporation in the accident. The respondent workman being aggrieved of the aforesaid order and certain other unfair actions of the Corporation, prayed to the State Government for referring the dispute to the Industrial Tribunal. The State Government by its notification dated 4.2.2005, referred the dispute for adjudication to the Industrial Tribunal, Sri Ganganagar under the provisions of the I.D.Act.;