Govind Mathur, J. - (1.) BY this petition for writ a challenge is given to the award dt. 01.08.1994 passed by Labour Court, Bikaner in Industrial Disputes Case No. 30/1991. By the award impugned the Labour Court while answering the reference made to it by appropriate government under notification dt. 04.06.1991 held that under Clause 36 of the Rajasthan State Road Transport Corporation Standing Orders there is no provision for imposing a penalty of stoppage of annual grade increments with cumulative effect and on that count substituted the penalty of stoppage of two annual grade increments with cumulative effect under order dt. 30.01.1989 by the penalty of stoppage of two annual grade increments without cumulative effect.
(2.) THE Division Bench of this Court in the Case of Krishna Dutta Sharma v. State of Rajasthan, RLR 1987 (1) 346, held as under: While in case of withholding of grade increment with cumulative effect the Government servant is put to a financial loss for the entire period of his future service and the result is that he is put to one grade increment less for the entire period of his remaining service. In our view such penalty of withholding of grade increment with cumulative effect and reduction to a lower stage in the time scale as provided as one of the penalties under Clause (iv) ofR.14 are equivalent and have the same effect. Learned Additional Government Advocate was unable to explain any difference in the aforesaid two kinds of penalties. If a Government servant is given a penalty of reduction to a lower stage in the same time scale, then also such Government servant is put to a loss of one grade increment for the entire period of his service after such punishment. It remains undisputed that the penalty of reduction to a lower stage in the time scale as specified in Clause (iv) ofR.14 is a major lower stage in the time scale as specified in Clause (iv) ofR.14 is a major penalty and procedure for enquiry has to be followed as provided under R.16 of the Rules. In view of the law laid down by Division Bench of this Court in the case of Krishna Dutta Sharma (supra) the penalty of stoppage of annual grade increments with cumulative effect is a penalty equal to the penalty of reduction to a lower stage in the time scale. It is not in dispute that a penalty of reduction to a lower stage in the time scale is specified as a major penalty under the Standing Orders. The Labour Court, therefore, erred while holding that no penalty of stoppage of annual grade increments with cumulative effect is prescribed under the Standing Orders.
(3.) AS a consequent to the discussion above, this petition for writ deserves acceptance and is hereby allowed. The award impugned dt. 01.08.1994 passed by Labour Court, Bikaner is quashed.;