RAKESH BEDI Vs. AIR INDIA LTD

JUDGEMENT

(1.) PETITIONER-RAKESH BEDI, A SR.TRAFFIC ASSISTANT, WORKING WITH AIR INDIA, WAS ISSUED A CHARGE SHEET ON 29.7.1996, ACCUSING HIM OF MIS-CONDUCT AND BREACH OF STANDING ORDERS. THE GRAVAMEN OF THE CHARGE WAS HABITUAL ABSENCE WITHOUT LEAVE FOR EXTENDED PERIODS OF TIME, WILLFUL INSUBORDINATION SUBVERSIVE OF DISCIPLINE. AN ENQUIRY COMMITTEE WAS CONSTITUTED. REPEATED ADJOURNMENTS WERE SOUGHT ON MEDICAL AND OTHER GROUNDS. ENQUIRY COMMITTEE AFTER CONSIDERING THE ENTIRE RECORD, INCLUDING THE EXPLANATION, AS FURNISHED BY THE PETITIONER SUBMITTED ITS REPORT. A COPY OF REPORT WAS SENT TO PETITIONER. THIS WAS FOLLOWED BY A SHOW CAUSE NOTICE, PROPOSING PENALTY ON PETITIONER. PETITIONER REPLIED TO THE SAME. RESPONDENT VIDE ITS ORDER OF 12.5.1998 METED OUT THE PUNISHMENT OF "DISMISSAL WITH RETIREMENT BENEFITS IN FULL."

(2.) RESPONDENT-AIR INDIA LIMITED HAD ALSO SOUGHT APPROVAL UNDER SECTION 33 (2) (B) OF THE INDUSTRIAL DISPUTES ACT FROM THE NATIONAL INDUSTRIAL TRIBUNAL AT MUMBAI, SINCE PETITIONER WAS A PROTECTED WORKMAN.

(3.) BY THIS WRIT PETITION, PETITIONER SOUGHT QUASHING OF THE DISCIPLINARY PROCEEDINGS AND ORDER OF PUNISHMENT DATED 12.5.1998 AND HIS REINSTATEMENT WITH FULL ARREARS OF SALARY AND CONSEQUENTIAL BENEFITS. PETITIONER IN THE ALTERNATIVE SOUGHT FULL RETIREMENT BENEFITS INCLUDING THE BENEFIT OF PROVIDENT FUND, PENSIONARY BENEFITS, MEDICAL BENEFIT AND FREE AIR TRAVEL BENEFITS, GIVEN TO AN EMPLOYEE, RETIRING IN THE NORMAL COURSE ON SUPERANNUATION. ALTERNATIVELY, PETITIONER PRAYED FOR THE QUASHING OF PROCEEDINGS UNDER SECTION 33 (2) (B) OF THE INDUSTRIAL DISPUTES ACT, 1947 BEFORE THE NATIONAL INDUSTRIAL TRIBUNAL, MUMBAI. COUNTER-AFFIDAVIT AND REJOINDER FILED BY RESPONDENTS AND PETITIONER.