SAHARA AIRLINES LTD. Vs. CAPT. R. KHOSLA

JUDGEMENT

(1.) SAHARA Airlines Limited (hereinafter to be referred as the Petitioner) has filed this writ petition seeking to challenge the impugned award dated 13.2.2006 in I.D. No. 24/2000 passed by the Presiding Officer, Central Government Industrial Tribunal -cum -Labour Court -II, New Delhi. Vide impugned award the Respondent is directed to be reinstated with full back -wages w.e.f. 16.7.1998 and in case of default the Respondent was held entitled to 10% of interest per annum over the entire back -wages.

(2.) THE Central Government Industrial Tribunal vide its impugned award found that the domestic enquiry held against the Respondent was vitiated on account of perversity and therefore directed his reinstatement with full back wages with effect from the date of his impugned termination.

(3.) THE Central Government Industrial Tribunal at page 47 -48 of the impugned award has recorded a finding in favour of the Respondent that he comes within the purview of definition of workman as provided in section 2(s) of the Industrial Disputes Act, 1947 and based its said decision on some earlier adjudication inter -parties which, according to him, has the effect of res -judicata or at least constructive res -judicata. In this regard it would be relevant to refer to the findings of the Court below which are at internal page 21 of the impugned award and the same are extracted below: