ABRAHAM Vs. PRESIDING OFFICER

JUDGEMENT

(1.) FACTS involved in W.P.No.29174 of 2002 are stated hereunder:- The petitioner was initially engaged as a Sanitary Cleaner by the second respondent-Southern Railway on 01.01.1977. He was granted temporary status on 11.02.1981 and subsequently, he was empanelled as temporary Sanitary Cleaner with effect from 21.10.1982 and thereafter, he was transferred to work under Health Inspector, Jolarpet. Whileso, the petitioner fell ill on 04.09.1985 and he was taking treatment under a Psychiatrist till 27.05.1987. Subsequently, even after sending the medical certificate by the petitioner, his name was removed from the Rolls by the Assistant Divisional Medical Officer, Jolarpet, without any show cause notice or conducting enquiry. As against the same, when an appeal was preferred, the Senior Divisional Personnel Officer in his proceedings No.M/P.227/VII/SA/JTJ, dated 24.08.1987, confirmed the penalty imposed by the Assistant Divisional Medical Officer, Jolarpet. Aggrieved by the same, when industrial dispute was raised, the Central Government Industrial Tribunal-cum-Labour Court, Chennai, in I.D.No.408/2001, dated 11.06.2001, dismissed the claim of the petitioner holding that the action of the Management, Southern Railway, in removing the petitioner from service with effect from 28.05.1987, is legal and justified.

(2.) WITH these narration of facts, learned counsel appearing for the petitioner submitted three fold submissions:-

(3.) HEARD the learned counsel appearing on either side and perused the materials available on record.