G KPANDE Vs. INTERNATIONAL AIRPORT AUTHORITY OF INDIA

JUDGEMENT

(1.) Awards Part I and II in Reference (IDA) CGIT/2/35 of 1990 have been challenged in the present petition.

(2.) The petitioner was recruited with the 1st respondent as an Operator in the year 1982. He was indisposed from 12.1.1988 and, therefore, did not attend his duty from that date upto 4.5.1988. The petitioner's name was struck off from the muster roll w.e.f. 12.1.1988 by the 1st respondent on 29.4.1988. An industrial dispute was raised by the petitioner in respect of his termination from service. A reference was made to the Central Government Industrial Tribunal for adjudication of the dispute. On 27.4.1995, by Award Part-I, the Tribunal held that the services of the petitioner had been illegally terminated. No enquiry had been held against the petitioner prior to termination of his services and, therefore, the Tribunal permitted the respondent employer to lead evidence to justify its action which it had taken under Regulation 31(2)(vi) of the International Airport Authority of India (General Conditions of Service) Regulations, 1980. By Part-II award dated 5.3.1997 the Tribunal held that the action taken by the respondent No.1 against the petitioner was justified in view of the evidence led before it.

(3.) It appears that a purshis was filed on 6.8.1996 on behalf of the 1st respondent by its advocate declining to lead any additional evidence to justify its action and opted to rely on the evidence led prior to the decision in Part-I award.