SANDEEP MEHTA,J. - (1.) By way of this writ petition, the petitioner Corporation has approached this Court being aggrieved of the award dated 22.12.1998 passed by the Industrial Tribunal, Bikaner in Labour Case No. 23/1995 whereby the industrial dispute raised at the instance of the respondent workman Mani Ram was partly allowed and two out of the three orders imposing penalty upon him being Annexure-1 dated 9.1.1984 & Annexure-3 dated 27.3.1985 were modified. At the same time, the order Annexure-2 dated 7.2.1984 was set aside.
(2.) Mr. Dinesh Ojha, learned counsel for the Corporation submits that three separate enquiries were held and separate punishment orders were passed by the petitioner Corporation against the respondent workman subjecting him to stoppage of different periods of grade increments "with cumulative effect". These orders were challenged by the workman by raising a labour dispute before the Industrial Tribunal.
(3.) Learned Tribunal, passed the award dated 22.12.1998 whereby two of the orders (Annexure-1 dated 9.1.1984 and Annexure-3 dated 27.3.1985) were modified holding that the employer Corporation had no powers under law to impose penalty of withholding of grade increments "with cumulative effect" and thus the cumulative effect of the penalties was struck down. The third order imposing penalty by Annexure-2 dated 7.2.1984 was quashed in entirety. He urges that the orders imposing penalty were passed way back in the year 1984-85. The respondent workman did not challenge the same for almost 11 years and the labour dispute came to be instituted in the year 1995. The Tribunal misdirected itself in holding that the Corporation has no powers to impose the punishment of withholding grade increments "with cumulative effect". In support of this contention, he relies upon a Division Bench decision of this Court rendered in the case of Fateh Singh Jhajaria v. R.S.R.T.C. and Ors. being D.B.S.A.W. No. 282/2003 decided on 23.9.2004 and urges that the impugned award is bad in the eye of law and deserves to be set aside.;