JUDGMENT :

NIRZAR S. DESAI, J.

1. Heard learned advocate Mr. K.V. Gadhia for the petitioner and learned advocate Ms. Alka B. Vaniya for the respondent. Considering the controversy involved in this petition, the petition is taken up for final hearing with the consent of both the sides.

2. RULE. Learned advocate Ms. Alka Vaniya waives service of notice of rule on behalf of respondent no. 1.

3. By way of this petition, the petitioner has challenged the award dated 19.03.2018 passed by the Industrial Tribunal, Rajkot (for short ‘the Tribunal’) in Ref. (IT) No. 115 of 2011, whereby the Tribunal reduced the punishment of compulsory retirement imposed by the petitioner and altered to stoppage of one increment without future effect and further directed the petitioner to treat the respondent-work men service as continuous service and to pay full back wages and all retrial benefits by partly allowing the reference as the respondent-workman had attained the age of superannuation during the pendency of reference case.

4. The brief facts arising to this petition are stated as under:

4.1 The respondent-workman was a union leader and protected employee and pursuant to a departmental enquiry vide order