CW 9973/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.9973/07 Rajasthan State Road Transport Corporation Versus Bheem Raj Nagar & ors. DATE OF ORDER : 10/11/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. O.P. Sheoran, for petitioner *** Instant petition has been filed by the petitioner assailing the award passed by the Labour Court-cum-Industrial Tribunal, Ajmer dated 19.7.2007. Respondent-workman challenged the order of penalty imposed upon him vide order dated 26th October, 1999 whereby penalty of stoppage of three Annual grade increments with cumulative effect and balance of payment of suspension period was forfeited of which a reference was made by the appropriate government. That the enquiry officer after giving opportunity of hearing has not found the charge proved against the delinquent thereafter notice was served vide Annex.2 dated 5th October, 1999 but there was no note of disagreement of the disciplinary authority ever communicated to the respondent workman as such service of notice dated 5.10.99 remains an empty formality. In such circumstances, in the absence of a note of disagreement being served upon the delinquent CW 9973/07 [2] -workman, the order inflicting penalty upon him vide Annex.3 dated 26.10.1999 was held by the learned Tribunal to be in violation of principles of natural justice and the punishment accordingly was set aside vide impugned award dated 19.7.2007. Having heard counsel for the petitioner and having carefully perused the material on record, this Court finds no manifest error committed by the Tribunal in passing the impugned award which may call for interference. The petition is without merit and accordingly dismissed. [AJAY RASTOGI], J. gandhi9973cw07.doc