2000 (12) TMI 906

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....The petitioner was a conductor in the Punjab Roadways at the relevant point of time. Several orders of punishment of stoppage of increment, with or without cumulative effect were passed against him in June 1978, October 1983, April 1987, November 1990 and May 1991. The industrial dispute raised on behalf of the petitioner by the workmens' union was referred by the State Government for adjudica....

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....ed belated and the order withholding the increments of the petitioner passed in 1978 could not be set at naught in the year 1994 and thereafter. 4. The said judgment is under challenge in this appeal. 5. The learned Counsel for the petitioner strenuously urged that the Tribunal committed error in denying relief to the workman merely on the sound of delay. The learned Counsel submitted that i....

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.... hand the plea of delay was raised and was accepted by the Tribunal. Therefore, the decision cited is of little help in the present case. Whether relief to the workman should be denied on the ground of delay or it should be appropriately moulded is at the discretion of the Tribunal depending on the facts and circumstances of the case. No doubt the discretion is to be exercised judicially. The High....