CAPT R KHOSLA Vs. JETLITE INDIA LTD

JUDGEMENT

(1.) This Intra-Court appeal is preferred against the judgment dated 09.09.2008 passed by the learned Single Judge in W.P.(C) No. 9135/2006. By means of that judgment, the learned Single Judge has allowed the aforesaid writ petition of the respondent herein and set aside the award dated 13.02.2006 passed by the Central Government Industrial Tribunal (CGIT)-cum-Labour Court in I.D. No. 24/2000.

(2.) The appellant herein was appointed as Pilot in Sahara Airlines with effect from 01.11.1994. His services were terminated on 16.07.1998 after holding departmental inquiry on the charges leveled against him vide charge-sheets dated 05.06.1998 and 20.06.1998. Against the termination order, the appellant approached the proper government under the Industrial Disputes Act, 1947 and raised a dispute. This dispute was referred to CGIT with the following terms of reference:

(3.) As stated above, the termination was a result of departmental inquiry against the appellant, holding charges leveled against him as proved. Therefore, in a case like this, the first and foremost question is whether the departmental inquiry conducted against the appellant was fair and in accordance with the principles of natural justice. We may also record at this stage that right from the beginning the respondent management had taken up a plea that the appellant was not a workman within the meaning of Section 2(s) of the Industrial Disputes Act, 1947 and therefore the proceedings under I.D. Act could be taken. This objection was persisted by the respondent management before the CGIT as well, in its written statement to the statement of claim filed by the appellant. In the affidavit filed by way of evidence, again averments to this effect were made. Therefore in addition to the validity of the departmental inquiry, CGIT was also required to determine as to whether the appellant was a "workman" or not.