PETROLEUM EMPLOYEES UNION Vs. R.S. VERMA

JUDGEMENT

(1.) RULE . Shri Chitale Advocate, waives service of Rule on behalf of respondent no. 2. Bharat Petroleum Corporation. By consent of the parties Rule heard forthwith. Heard parties. This petition impugnes the legality and correctness of the order passed on 20.2.1996 by the learned Presiding Officer, Central Government Industrial Tribunal I Bombay in reference CGIT-35 of 1995.

(2.) BY the impugned order the learned Presiding Officer has observed that after two adjournments were granted to the advocate appearing on behalf of the workman. On the adjourned date nobody appeared on behalf of the workman - union. No statement of claim had been filed by the union till that date. There is no material available on record to show that the termination of the services of workman Ms. Nanda R. Shetty was not legal and was not justified. The learned Prosiding Officer has observed that in the circumstances he is left with no alternative but to say that the union has failed to show that the termination of the services of Ms. Nanda R. Shetty was in any manner illegal and unjustified. Under the circumstances he hold that the workman is not entitled to any relief and the award was made accordingly.

(3.) AFTER having heard the learned counsel for both sides and after having taken into consideration the facts and circumstances of the case, we are of the view that the interest of justice demands that we restore back the reference albit on some condition. Accordingly we set aside the judgment and order dated 20.2.1996 passed by the learned Presiding officer, Central Government Industrial Tribunal I in reference CGIT No. 35 of 1995 and direct that the said reference be restored to file and the learned Presiding Officer shall dispose it off on merits in accordance with law. However, we make it clear that even if ultimately the workman succeeds in the reference, the workman shall not be entitled to any wages for a period between months of February to June 1996. (both months included) Rule made absolute in the aforesaid terms. There shall be no order as to costs. Certified copy expedited. Writ of this order to go down forthwith.