S P ARYA Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner challenges an Award dated 16 th June 1990 passed by the Central Government Industrial Tribunal ('CGIT') in ID No. 112 of 1990 upholding the validity of the action of Respondent No. 3, Life Insurance Corporation of India ('LIC'), in removing the Petitioner from service with effect from 11 th August 1980.

(2.) The Petitioner joined the services of the LIC on 4 th December 1963 as an Office Assistant. The service conditions of the Petitioner were covered by the Life Insurance Corporation of India (Staff) Regulations 1960 ('Staff Regulations') framed under Section 49 (2) (b) and (bb) of the Life Insurance Corporation of India Act, 1956 ('LIC Act'). The Petitioner states that he was an active trade union member and the General Secretary of the Meerut Division of the Insurance Employees Union. He was also at one time its President. The Petitioner states that in April 1975 while he was Joint Secretary of the Central Zone Insurance Employees Federation he brought to the notice of the Zonal Manager ('ZM') certain irregularities and abuse of authority by the then Divisional Manager ('DM'). The dismissal of the Petitioner after a show cause noticecum-charge sheet issued by the DM was revoked in 1977 and the Petitioner was reinstated with consequential benefits. In June 1977, the Petitioner went on a hunger strike protesting against the excesses of the management in suspending a number of other officers and workmen. Subsequently the cases against the workmen were withdrawn. According to the Petitioner the agitation annoyed the management.

(3.) In 1978 there were massive floods in north India. On account of the management not acceding to the demand of the LIC employees for flood advance, a 'work to rule' was observed by the workmen and various unions for two days in the first week of November 1978. The Petitioner states that he played an important role in this agitation as a trade union activist. The Petitioner states that as a result he was arbitrarily transferred from Meerut to Mhow in Madhya Pradesh by an order dated 27 th November 1978. Seven employees who happened to be the office bearers of the trade union, excluding the Petitioner, were issued charge sheets on 28 th November, 1978 and were placed under suspension. The Petitioner states that he had gone on casual leave in the first half of 27 th November 1978 and then from 28 th November to 2 nd December 1978. He claims to have been undergoing medical treatment on account of which he had to get his leave extended. Consequently, he was not able to receive the transfer order and learnt of it from a newspaper report of 13 th December 1978 while he was still bedridden. The Petitioner maintains that he was not officially conveyed the orders of the management that he should report for duty at Mhow in Madhya Pradesh. He claims to have been sending the management the medical certificates justifying his seeking leave on medical grounds.