DIVISIONAL RAILWAY MANAGER Vs. B H KAKARGAL

JUDGEMENT

(1.) The question which arises for consideration in this writ petition is, whether Central Government Industrial Tribunal having found that the workman was guilty of misconduct in an enquiry held in accordance with law, can direct payment of compensation by the management, in lieu of full and final settlement of the claim of a workman?.

(2.) The said question arises in the following factual matrix.

(3.) The workman filed claim statement and the management filed counter statement before CGIT. Based on the pleadings, following three issues were raised: