1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WP No.3591/2010 M.S. R. T. C. Wardha Vs. Secr. Mah. Motor Kamgar Santh and others. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. A. S. Mehadia, Adv. for the petitioner. Mr. C. V. Jagdale, Advocate for respondent no.2. CORAM: B.P.DHARMADHIKARI, J. DATE : 28/9/2010 1] Heard. 2] Contention is that punishment of withholding five increments with cumulative effect imposition in 1980 was assailed by giving approach notice after 20 years i. e. 2001. After failure, conciliation reference was made to Industrial Court in 2004 and the Industrial Court in impugned award dated 23rd September, 2009 overlooked this delay. 3] According to learned counsel, punishment had already been imposed and exhausted itself in 2001 and therefore, there was no subsisting industrial dispute in this respect. 2 4] According to Advocate Jagdale, the provisions of Disciplinary and Appeal procedure contemplate withholding of maximum three increments and punishment was contrary to service conditions. As the increments were withheld permanently, it caused injury continuously to respondent no.2 and in this background the Industrial Court has corrected error by bringing down the punishment to withholding of three increments only. 5] In present facts, it is apparent that punishment as imposed in 1981 was in violation of Disciplinary and Appeal Rules. The increments were withheld permanently and therefore salary payable to respondent no.2 was being affected in every month. The Industrial Court has noticed the arguments that reference was sought after 23 years. 6] The Industrial Court has brought down the punishment to withholding of three increments permanently in accordance with service conditions. 3 7] In this situation, I am not inclined to interfere in the matter in writ jurisdiction. The petition is therefore, dismissed. No costs. It is made clear that all the contentions raised by Advocate Mehadia are kept open for consideration in appropriate matter. JUDGE Ambulkar.