SENIOR DIVISIONAL Vs. R LAKSHMIPATHI

JUDGEMENT

(1.) HEARD the learned counsel appearing for the parties.

(2.) THE present Writ Petition has been filed by the Senior Divisional Personnel Officer and the Divisional Railway Manager, Southern Railway against the order dated 9. 1. 1997 in C. P. No. 41/95 passed by the Central Government Labour Court, Madras in purported exercise of jurisdiction under Sec. 33-C (2) of the Industrial Disputes Act, 1947 (hereinafter referred to as the 'act' ).

(3.) THE present respondent had filed a Claim Petition in C. P. No. 41/95 before the said Labour Court. The respondent, who had entered service on 17. 8. 1958 as Kalasi in course of time had become Assistant Guard, was removed from the service on 5. 7. 1994. Such removal was apparently on the ground that the respondent had been punished in a criminal case relating to unauthorised possession of railway properties. It is not in dispute that such order of removal has not been set aside by any authority. The applicant in the Claim Petition claimed that some other employees who were similarly penalised had been subsequently given the benefits and therefore, there is no reason why it should not be made available to him.