UNION OF INDIA Vs. KAMESHWAR DUBEY

JUDGEMENT

(1.) Rule D.B. Respondent No. 1 Kaineshwar Dubey (hereinafter to be referred to as 'workman') was a railway employee employed as Khalasi (casual labour) with effect from 20-12-1969 and was dismissed from service by an oral order dated 29-5-1974. He brought a suit being Suit No. 233 of 1975 against the petitioner Union of India through the General Manager, Northern Railway, Baroda House, New Delhi for a declaration that his dismissal was illegal, void, inoperative, mala fide and a nullity and that he continued to be in service of the railway as. if he was not dismissed at all and was further entitled to all other benefits of the service.

(2.) The decree for the aforesaid declaration was granted on 13-10-1981 by Shri Z. S. Lohat, Sub Judge 1st Class as a result of which his dismissal from service was held as void and was further-held to have continued in service and also entitled to all the service benefits. This decree was passed after contest by the petitioner.

(3.) The first appeal (RCA No. 13/82) of the petitioner Union of India through General Manager, Northern Railway against the aforesaid judgement and decree dated 13-10-81 of Shri Z. S Lohat, SJIC was dismissed on 27-9-1983 by others Shri J. B. Goel, Additional District Judge, Delhi. Even the second appeal of the petitioner was dismissed by the High Court vide order dated 8-8-1984 in RSA 32 of 1984. Even the Special Leave Petition of the petitioner against the said decree and judgement was dismissed by the Supreme Court on 20-1-1986.