DIVISIONAL RAILWAY MANAGER Vs. SH.F.A.KHAN

JUDGEMENT

(1.) The petitioner is before this Court under Article 226 of the Constitution of India assailing the order dated 31.05.2013 in C.R.No.73/2001 on the file of the Central Government Industrial Tribunal-cum-Labour Court, Bangalore (for short the 'Tribunal').

(2.) It is stated that the respondent joined the duty in the petitioner-Railways as Assistant Station Master on 02.05.1989. He remained unauthorized absent from the duty from 11.03.1993 to 31.08.1993 for a period of 174 days. The petitioner initiated enquiry against the respondent by issuing charge sheet dated 16.11.1993 for unauthorized absence of the respondent. The respondent states that he was unwell and he was taking treatment at Gulbarga. Subsequently, an Enquiry Officer was appointed to conduct the enquiry. The Enquiry Officer submitted his report dated 16.10.1995 holding that the charges are proved against the respondent. Based on the enquiry report, the petitioner took a decision to remove the respondent from services of the petitioner- Railways. Accordingly, passed an order dated 21.12.1995 dismissing the respondent from the services of the railways. The respondent raised dispute and the same was referred to the Central Industrial Tribunal for adjudication under Section 10 of the Industrial Disputes Act, 1947 (for short the 'Act'). The respondent filed his claim statement before the Tribunal and the petitioner herein had also filed reply. Based on the pleading, the Tribunal framed the preliminary issue as to whether the domestic enquiry conducted by the 2 n d party petitioner herein against the respondent 1 s t party is fair and proper. Based on the material, the Tribunal held that the enquiry held by the petitioner was not fair and proper. Thereafter, both petitioner and respondent did not lead any evidence on merit before the Tribunal. The Tribunal by its order dated 31.05.2013 allowed the reference and directed the Railway Authorities to reinstate the respondent with continuity of service. Aggrieved by the said award, the petitioner is before this Court in this writ petition.

(3.) Heard the learned counsel for the petitioner and learned counsel for the respondent. Perused the writ petition papers.