LAWS(DLH)-2019-10-19

AIRPORTS AUTHORITY OF INDIA Vs. YASHPAL SINGH TANWAR

Decided On October 10, 2019
AIRPORTS AUTHORITY OF INDIA Appellant
V/S
Yashpal Singh Tanwar Respondents

JUDGEMENT

(1.) The services of the respondent were terminated, by the petitioner, on 1st June, 1981.

(2.) The respondent initiated an industrial dispute, which was referred, by the Central Government, to the Industrial Tribunal, vide order dated 27th September, 1988. The sole issue, as framed by the referral order, was whether the termination of the services of the respondent, by the petitioner, w.e.f. 1st June, 1981, was justified and, if so, the relief to which the respondent would be entitled.

(3.) The reference was adjudicated, by the Industrial Tribunal, vide award dated 26th September, 1997. The Industrial Tribunal held, in the penultimate para (para 9) of the award, that "the termination of the services of the workman after the expiry of the probation period and after the initiation of the enquiry against him but without completing the enquiry the termination was not at all justified." It was held, consequently, that the respondent deserved to be reinstated. On the issue of back wages, para 10 of the award held as under: