INDIAN AIRLINES LIMITED Vs. V K GUPTA

JUDGEMENT

(1.) These two appeals by Indian Airlines Limited, now constituted as the National Aviation Corporation of India Limited, common sets are against a common judgment dated 17th October 2006 passed by the learned Single Judge disposing of WP (C) No. 3568 of 1989 filed by the Appellant herein and WP (C) No. 69 of 1990 filed by the Respondent.

(2.) The Respondent was employed with the Indian Airlines in 1955 as a Cleaner. Thereafter he was appointed as a Mechanic on 2nd October 1965. He was in 1980 working as an Aircraft Technician. In relation to an incident that took place on 31st July 1980 a disciplinary enquiry was initiated against him on the following charges:

(3.) It is not in dispute that Charge III was not pressed in the domestic enquiry. The Respondent was found guilty of Charges I and II. By an order dated 12th April 1982 the Respondent was dismissed from service. His appeal against the dismissal was rejected. Thereafter the Respondent raised an industrial dispute which came to be decided by the Central Government Industrial Tribunal ( CGIT ). By an order dated 25th July 1989, the CGIT concurred with the findings of the domestic enquiry not only in respect of Charges I and II but Charge No. III as well. However, as regards the punishment, the CGIT concluded as under: