DEENAMMA CHERIAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is the widow of T.Cherian, who served the Southern Railway as a Goods Guard. She challenges the decision of the Central Administrative Tribunal dismissing her application for retiral benefits due on account of her late husband.

(2.) Heard the learned counsel for the petitioner and the learned counsel for the Southern Railway.

(3.) Cherian was compulsorily retired with effect from 1.9.1987. That issue resulted in an industrial dispute referred for adjudication by the Government of India as per order dated 21.1.1994. The Industrial Tribunal passed an Award dated 31.8.1995 holding that the termination of the service of Cherian with effect from 1.9.1987 is illegal. It was directed that he be reinstated in service with continuity of service, backwages and all other benefits, but withholding full wages for a period of two years. Railways carried that award to the Central Administrative Tribunal, for short, the "Administrative Tribunal", constituted under the Administrative Tribunals Act, 1985, by instituting O.A.No.447 of 1996. The Administrative Tribunal interfered with the Award of the Industrial Tribunal, and modified it clipping off the award of seven years' backwages and ordered that the reinstatement of the workman (Cherian) shall be from the date of the Award of the Industrial Tribunal, without backwages. The entire period was directed to be counted for purposes of seniority, increments and pension. It was further ordered that the amount of pension paid after the order of compulsory retirement and before the date of reinstatement (the date of the Award of the Industrial Tribunal) will not be recovered from the workman.