BHARAT SANCHAR NIGM LTD. Vs. SHER SINGH

JUDGEMENT

(1.) This is a petition filed under Articles 226 and 227 of the Constitution of India for setting aside the Impugned Award dtd. 4/12/2006 ("impugned award") passed by Presiding Officer, Central Government, Industrial Tribunal-cum-Labour Court-II, Rajendra Bhawan, New Delhi.

(2.) At the outset, it is necessary to point out that vide order dtd. 24/5/2019, Court Notice was issued to the Respondents. As per office report, court notice issued to Respondent No.1/workman was "Unserved" with report "incorrect address". No steps have been taken by the respondents to contest the present writ petition. Even on 22/2/2023 none appeared on behalf of the Respondent and the Writ Petition was placed for final hearing.

(3.) Mr. Pradeep Kumar Mathur, learned counsel appearing on behalf of the Petitioner submitted that the Respondent in the present proceedings filed a claim statement before the learned Labour Court. Learned Labour Court vide common impugned award dtd. 4/12/2006 held the Respondent to be an employee of the petitioner and further held the termination of respondent no. 1 to be illegal. Learned counsel further submitted that vide the impugned award, respondent and other similarly situated employees/claimants were granted reinstatement with 50% backwages. He further submits that the impugned award herein passed by the learned Labour Court was challenged in a batch of petitions before the learned Single Judge. The learned Single Judge in WP(C) 3150/2007 titled as B.S.N.L. Vs Attar Singh (lead case) vide judgment dtd. 20/3/2013 allowed the writ petitions filed by B.S.N.L. and set aside the impugned Award dtd. 4/12/2006. The said Judgment dtd. 20/3/2013 alongwith other Writ Petitions were challenged before the Division Bench of this Court in LPA 408/2013 titled as Gopal vs Bharat Sanchar Nigam Ltd and other 24 connected appeals by the employees. The Division Bench of this Court vide common Judgment dtd. 3/7/2014 dismissed the appeals filed by the employees and upheld the judgment dtd. 20/3/2013 passed by the learned Single Judge. Learned counsel for the petitioner contended that the Judgment 3/7/2014 passed by the Division Bench of this Court in LPA 408/2013 and other 24 connected appeals filed by the employees has attained finality and the present writ petition is liable to be allowed.