JUDGMENT :

Paresh Upadhyay, J.

Heard Mr. Deepak G. Aloria, learned advocate for the petitioner - Corporation and Mr. Hemant Makwana for Mr. Prakash V. Chavda, learned advocate for the contesting respondent - Workman.

2. Rule. Mr. Makwana, learned advocate waives service of notice of rule on behalf of respondent No. 1.

3. Challenge in this petition is made to the award passed by the Industrial Tribunal, Rajkot dated 18.10.2013 in Reference (IT) No. 143 of 2009, whereby punishment imposed by the petitioner Corporation is set aside.

4. Learned advocate for the petitioner has submitted that, the respondent was working as a Driver with the petitioner Corporation and on 14.04.2000, the bus, which was driven by him, met with an accident and one motorcyclist had died. The respondent Driver was prosecuted departmentally and in the departmental inquiry, punishment of withholding of increments for five years was imposed vide order dated 26.06.2002. It is submitted that the said punishment got over in five years i.e. in the year 2007, and the respondent retired on attaining the age of superannuation on 31.01.2009. It is submitted that only after the retirement, he moved the labour machinery and ult