SBCWP No.6987/02. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.6987/2002. Raj. State Road Transport Corporation Jaipur Vs. The General Secretary Rajasthan Transport Works Sangathan Jaipur & Anr. Date of order : January 28, 2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Mukesh Kumar Verma for the petitioner. Shri Bhupendra Pareek for the respondents. **** BY THE COURT :- This writ petition has been filed by the petitioner-RSRTC against the award of the Industrial Tribunal, Jaipur dated 3/12/2001 whereby the reference made to it by the appropriate government on the question of validity of the order of penalty dated 5/10/1983 has been answered in the terms that the penalty of withholding of two annual grade increments with cumulative effect was not legal and valid and the respondent-workman was held to be entitled to consequential benefits. Apart from other arguments, learned counsel for the petitioner has argued that petitioner-management in reply to the SBCWP No.6987/02. 2 statement of claim has raised a pointed plea that the reference was made in the year 2000 whereas penalty order was passed on 13/3/2000, there was thus delay of 17 years. Learned Industrial Tribunal has not at all considered this aspect of the matter. 2) Shri Bhupendra Pareek, learned counsel for the respondents has opposed the writ petition and has argued that the Industrial Tribunal has decided the matter on merits of the case, question of delay would now no longer be relevant particularly when workman has subsequently been retired from service. 3) Remand of the matter in that situation whould thus be justified. The matter is remanded back to the Industrial Tribunal Jaipur for deciding the reference afresh in accordance with law. (MOHAMMAD RAFIQ), J. anil