AIR FRANCE Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) The grievance of the Petitioner is with respect to an Award dated 15th October, 1999 passed by the Labour Court in ID No.283/87. By the impugned Award, it was held that the Respondent/Workman is entitled to reinstatement and back wages. The Respondent superannuated on 1st August, 1994, well before the impugned Award and, therefore, there is no question of his reinstatement in service. The only question that survives, therefore, is with respect to back wages awarded to him.

(2.) On 22nd April, 1975, a consignment of 48 packages containing reptiles and animal skins sought to be smuggled out of India was seized at the international airport in Delhi by the customs authorities. Investigations were carried out by them and during the course of these investigations, a statement of the Respondent/Workman was recorded under Section 108 of the Customs Act, 1962 on 23rd April, 1975. It is said that the Respondent/Workman admitted his involvement in the attempt to smuggle out the goods but later on the Respondent/Workman retracted his statement.

(3.) In view of the alleged involvement of the Respondent/Workman in violating the provisions of the Customs Act, 1962, the Petitioner discharged him from service on 30th October, 1975. Feeling aggrieved by his discharge from service, the Respondent/Workman sought a reference under the Industrial Disputes Act, 1947 (the Act) but by an order dated 28th August, 1976, the Secretary (Labour), Delhi Administration, Delhi declined to refer any dispute under the provisions of the Act. The refusal to refer a dispute was not challenged by the Respondent/Workman at any point of time.