UNION OF INDIA Vs. J HAYATH BASHA

JUDGEMENT

(1.) AGGRIEVED by the order-dated 30.07.1999 made in O.A.No.73 of 1999 on the file of Central Administrative Tribunal, Madras Bench, Southern Railway Administration has filed W.P.No.14369 of 1999. The very same petitioners, questioning the order dated 09.11.1999 made in C.P.No.18 of 1995 on the file of Central Government Labour Court, Chennai has filed W.P.No.8022 of 2000.

(2.) SINCE the issues raised in both the writ petitions are interconnected, they are being disposed of by the following common order.

(3.) AGAINST the said award, the applicants preferred Original Application before the Central Administrative Tribunal, Madras Bench in O.A.No.469 of 1990. By order dated 10.12.1991, after finding that there was Employer and Employee relationship, the Central Administrative Tribunal, set aside the award of the Industrial Tribunal dated 03.11.1989 and remitted the matter back to the Industrial Tribunal with a direction to consider whether the Railway Administration had violated Section 25-F and 25-N of I.D. Act. After remand, fresh evidence were let in by both parties. The Industrial Tribunal passed an award on 15.04.1994, holding that there is violation of Section 25-F and 25-N of I.D. Act. The Tribunal also concluded that there exists the relationship of Employer and Employees and the termination of services of the workmen is not justified and issued direction for reinstating them into service without backwages.