HINDUSTAN AERONAUTICS LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) First Writ Petition:-

(2.) This writ petition filed by the employer is directed against award dated 18.01.2007 given by Central Government Industrial Tribunal-Cum-Labour Court, Kanpur (C.G.I.T., Kanpur) in Industrial Dispute No.2 of 1999. The matter which was referred to the labour court was as to whether the action of petitioner employer dismissing the services of its workman Mahesh Chandra Bhardwaj, respondent No.3, w.e.f. 29.06.1994 was legal and justified or not. Through the impugned award dismissal was held to be illegal and full back wages were directed to be paid as the workman had crossed the age of retirement by then.

(3.) The charge against the workman was that he was caught red-handed while leaving the factory of the employer carrying some factory material with the intention of stealing the same. Services were terminated after holding domestic inquiry in which the workman was found guilty. Charge-sheet was given on 07.11.1992. Inquiry Officer submitted report on 24.05.1994.