SUNITA GUPTA, J.

1. The challenge in this writ petition under Articles 226 and 227 of the Constitution is to the impugned award dated 25.03.2008 passed by the Presiding Officer, Industrial Tribunal-I, Karkardooma Courts, Delhi in ID No. 37/2006. The respondent - workman was working as Assistant Storekeeper at Bawana Depot in the year 1985. He was imposed the punishment whereby his next two increments were stopped with cumulative effect. An industrial dispute was raised by the respondent (hereinafter referred to as "the workman") culminating in reference of the industrial dispute by the Secretary (Labour), Government of National Capital Territory of Delhi vide notification dated 07.07.2006 with the following terms of reference:

"Whether punishment of stoppage of next due two increments with cumulative effect imposed upon Shri Daya Ram S/o Shri Chattar Ram is illegal and/or unjustified and if so, to what relief is he entitled and what directions are necessary in this respect?"

2. There after, the workman filed statement of claim alleging therein that he was employed with the management as Assistant Storekeeper. He was issued a charge-sheet alleging therein that he had tempered with the attendance register by marking his presence though he was not on duty on 08.12.1985, 13.12.1985, 21.12.1985, 24.12.1985 and 30.12.1985. The workman denied those charges vide his reply to the charge-sheet and demanded some documents from the management regarding the attendance register but the same were never supplied and the workman was also not allowed to inspect the documents. The workman had also submitted that Shri Nathu Singh who was storekeeper had inimical relations with the workman and was making false complaints against him to implead him in false case and without considering the submissions of the workman, the Depot Manager initiated enquiry without any basis. The enquiry was not held as per the principles of natural justice and without application of mind. The enquiry officer gave a perverse report and held the workman guilty without there being any evidence against him. The disciplinary authority passed the order of punishment which is illegal and arbitrary and deserves to be set aside.

3. The claim was contested by the management on the ground that the charge-sheet was based on the report of Shri Nathu Singh. The misconduct committed by the workman was of a grave and serious nature. The reply submitted by the workman was not found satisfactory as such a domestic enquiry was conducted against the workman in accordance with the principles of natural justice. The workman was found guilty of the charges. Thereafter, the disciplinary authority on the basis of the enquiry report imposed the penalty of stoppage of next due two increments with cumulative effect. The workman is not entitled to any relief and the claim is liable to be dismissed.

4. On the pleadings of the parties, following issues were framed on 09.02.2007:

"1. Whether the enquiry conducted by the management is fair and proper? If not, its effect.

2. Whether punishment of stoppage of next due two increments with cumulative effect imposed upon Shri Daya Ram s/o. Shri Chatter Ram is illegal and/or unjustified and if so, to what relief is he entitled and what directions are necessary in this respect?

3. Relief.

5. Both the parties adduced their evidence. The issue of enquiry was treated as the preliminary issue and the same was decided against the management vide order dated 19.09.2007 by holding that the enquiry report is without evidence. Vide the impugned award dated 25.03.2008, issue No. 2 was decided against the management and the punishment of stoppage of next due two increments imposed upon the workman was set aside and the management was directed to pay arrears of the workman arising out of the aforesaid punishment within three (3) months. Aggrieved by this award, the present writ petition has been filed by the management.

6. The parties were heard at length. Besides chall