PRINCIPAL GENERAL MANAGER Vs. CENTRAL GOVT INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) The writ petition is filed by the petitioner viz., Bharat Sanchar Nigam Limited, Coimbatore (for short BSNL), challenging an Award passed by the Central Government Industrial Tribunal-cum-Labour Court (for short CGIT) in I.D. No. 87 of 2006 dated 23.6.2008 By the impugned Award, the CGIT directed reinstatement of the second respondent with 50% back wages and other consequential benefits.

(2.) The petitioner-BSNL also filed an additional affidavit contending that one Senior Sub-Divisional Engineer by name Kulanthaisamy had engaged the workman as a casual driver contravening the standing instructions. Since there is a ban on recruitment, any recruitment made will be contrary to BSNL CDA Rules. The said Kulanthaisamy was proceeded with disciplinary action. The stand of the workman that the post of Driver was vacant at BSNL office, Veerapandi, Tiruppur was also denied. However, this Court is not inclined to accept the additional affidavit at this stage, as in a writ of Certiorari, this Court can only go into the correctness of the Award passed by the CGIT and no additional material can be brought in to test the correctness of the Award. In essence, in a writ in the nature of Certiorari, no fresh document can be brought in which was not made available before the quasi judicial authority.

(3.) The case which led to the passing of the impugned Award are as follows:-