Shivkaran vs The Judge, Industrial Dispute Tribunal and Others

Gopal Krishan Vyas, J.—Heard learned counsel for the parties.

It is submitted by learned Counsel for the Respondents that in pursuance of the order passed by this Court on 11.04.2011, the award has been implemented.

Learned Counsel for the Petitioner argued that the penalty imposed to the Petitioner with regard to withholding one grade increment, so also, the censure is illegal because the disciplinary authority has not considered the evidence in right prospect. Likewise, the Judge, Labour Court, Jodhpur has committed an error while not considering the entire evidence and facts of the case in right prospect, therefore, the judgment impugned deserves to be quashed and set aside.

After perusing order of penalty and award, I am of the opinion that both the authorities below gave concurrent finding upon questions of fact, for which, this Court cannot sit as appellate authority to assess the evidentiary value again which has already been appreciated by both the authorities below after taking into consideration the material available on record.

In this view of the matter, no case is made out for interference. Hence, the writ petition is dismissed.