Court No. - 22 Case :- SERVICE SINGLE No. - 6089 of 2002 Petitioner :- U.P. State Road Transport Corporation Ltd., Faizabad Respondent :- Presiding Officer, Labour Court, Faizabad & Another Petitioner Counsel :- Anuj Kudesia Respondent Counsel :- C.S.C. Hon'ble Satyendra Singh Chauhan,J.
Heard learned counsel for the petitioner and the learned counsel for the
opposite party no.2.
Through this petition, the petitioner has challenged the award dated
03.11.2002 ( Published on 20.5.2002) partly allowing the claim of the
opposite party no.2.
Submission of learned counsel for the petitioner is that opposite party no.2.
was negligent in his duty and, therefore, punishment Rs. 200/- was imposed
along with forfeiting the amount of arrears of salary for the period he
remained under suspension. His further submission is that the Labour
Tribunal has travelled beyond his jurisdiction in allowing the claim of
opposite party no.2 for payment of arrears of salary during the period he
remained under suspension.
Learned counsel for the opposite party no.2 submits that once decision was
taken to impose a fine of Rs.200/-, the opposite party no.2 was entitled for
back wages. He also submits that opposite party no.2 had expired on
17.9.2009. The submission is that for a minor punishment no interference is
required by this Court.
I have perused the record and find that finding recorded by the Labour
Tribunal can not be re-appreciated by this Court in view of the law laid down
by the apex Court. The reasoning given by the Labour Tribunal are
convincing and since the opposite party no.2 had expired, no interferences is
called for.
The petition is devoid of merit and it is accordingly dismissed.
Order Date :- 5.8.2010
BLY