EXECUTIVE ENGINEER A DIV Vs. RADHEY LAL

JUDGEMENT

(1.) The petition impugns the award dated 11 th January, 2007 of the Industrial Adjudicator on remand vide order dated 26 th August, 2002 in Civil Writ No.4266/1993 preferred by the respondent workman impugning the original Award dated 23 rd June, 1992 of the Industrial Adjudicator.

(2.) The original Award dated 23 rd June, 1992 came to be made on the following reference dated 24 th May, 1989:

(3.) The Industrial Adjudicator in the original Award dated 23 rd June, 1992 found that the services of the petitioner as beldar were terminated due to his unauthorized absence from duty; that the departmental inquiry conducted by the petitioner employer before such termination was valid, legal and complied with principles of natural justice; that the departmental inquiry conducted by petitioner employer before that there was nothing to suggest that the Management was vindictive against him or that his services were terminated in an illegal manner; that the respondent workman had initially filed Civil Writ Petition No.308/1985 impugning the termination of his service w.e.f. 16 th December, 1979 but which had been dismissed; that the claim of the respondent workman before the Industrial Adjudicator was that the punishment meted out to him was harsh; the Industrial Adjudicator held that since the Writ Petition filed by the petitioner had been dismissed by this Court, it could not be said that the punishment meted out to the petitioner was disproportionate.