K.M. Thaker, J.

1. Heard Mr. Raval, learned advocate for the petitioner and Mr. Songara, learned advocate for Mr.G.K. Rathod, learned advocate for the respondent-workman.

2. RULE. Mr. Songara, learned advocate has waived service of rule for the respondent-workman.

3. In the facts and circumstances of the case and at the request of learned advocate for the petitioner and with consent of learned advocate for the respondent, the petition is heard and decided finally today.

4. The petitioner has challenged the award dated 24.04.2013 passed by learned Industrial Tribunal, Vadodara in Reference (IT) No. 58/08, whereby the learned Tribunal has interfered with the order of penalty passed by the employer imposing penalty of stoppage of two increments with permanent effect in case where the respondent-workman was found to be negligent in performance of his duty as driver inasmuch as while on duty he met with an accident and in the said accident two persons (i.e. scooter driver and pillion ride) died in the said accident. After conducting domestic inquiry, where the Inquiry Officer found that the charge levelled against the respondent-workman is proved, the disciplinary authority impose