COMMANDING OFFICER Vs. RAJENDRAKUMAR

JUDGEMENT

(1.) THE Commanding Officer of INS Dronacharya, the common petitioner in the above writ petitions, challenge the respective orders passed by the 2nd and 3rd respondents, allowing gratuity by separate orders in the case of each of the 1st respondent in the writ petitions. Since there is a slight difference in the facts of W.P.(C).No.12304 of 2012, the same is considered separately.

(2.) THE respective 1st respondent in W.P.(C).Nos.12189 of 2012 and 12305 of 2012 were employees in the Unit Run Canteens of the petitioner. When they were terminated from service, the said employees challenged the same before the Central Government Labour Court, Ernakulam and the Labour Court passed an award directing reinstatement of the workmen with continuity of service, full back wages and other attendant benefits. The petitioner challenged the same in O.P.No.23134 of 2000, wherein a learned Single Judge of this Court following the judgment in Union of India v. M.Aslam [(2001) 1 SCC 720], remoulded the relief to grant benefits as per the said judgment of the Supreme Court, so as to secure ends of justice. The said judgment in O.P.No.23134 of 2000 dated 23.12.2005 has become final.

(3.) SINCE O.P.No.23134 of 2000 and W.P.(C).18753 of 2009 were relevant for consideration of the present writ petitions, I have called for the records of those cases and looked into it.