DIVISIONAL MECHANICAL ENGINEER Vs. MAHAMANTRI, RAJASTHAN TRANSPORT WORKERS UNION
LAWS(RAJ)-2015-11-101
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on November 30,2015

Divisional Mechanical Engineer Appellant
VERSUS
Mahamantri, Rajasthan Transport Workers Union Respondents

JUDGEMENT

- (1.) By this petition, a challenge is made to the award dated 14th May, 2015, whereby reference was answered in favour of the respondent-employee.
(2.) It is a case where the respondent-employee was charge sheeted with the allegation that while discharging the duties on the post of Driver, operated the bus without proper care. On account of his negligence, one tire of the bus was got flat out of a cut. The tire could not be repaired. After inquiry, he was punished with the stoppage of one annual grade increment with cumulative effect. On a dispute, reference was made and has been answered in favour of respondent-employee.
(3.) Learned counsel for petitioner submits that the dispute was raised after unexplained delay of 16 years. On the aforesaid ground itself, reference should have been answered adverse to the respondent-employee. Learned Industrial Tribunal failed to consider this aspect while passing award.;


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