ARMY WELFARE HOUSING Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The present Writ Petition arises from the award dtd. 9/6/2003 passed by Sh.K.S Mohi, Ld. Presiding Officer, Labour Court-X, Karkardooma Court in ID No. 1636/95 (Old No. 429/92)("impugned award"). Vide the impugned award, the Learned Industrial Tribunal was pleased to hold that the alleged misconduct of Respondent No.2 was required to be dealt as per the Central Civil Services (Classification, Control and Appeal) Rules, 1965 of the Government of India ("Central Service Rules"). The impugned award further held that the Petitioner failed to follow the Central Service Rules while conducting the enquiry and terminating the services of the Respondent No.2. The Learned Industrial Tribunal accordingly directed reinstatement with full back wages and continuity in service to the workman -Respondent No.2. Facts

(2.) The Respondent No. 2 was working as Accounts clerk in the Finance and Accounts sec. of the Petitioner organisation on a fixed term temporary employment.. with effect from 13/9/1983. The initial appointment of the Respondent No.2 was for a period of one year with a probation period of 3 months.

(3.) The services of the Respondent No.2 with the Petitioner were extended from time to time till September 1987.