GENERAL MANAGER GUN CARRIAGE FACTORY Vs. K DATTA EX SUPERVISOR GUN CARRIAGE FACTORY VICE PRESIDENT LABOUR UNION GUN

JUDGEMENT

(1.) THE petitioner (hereinafter referred to as 'the Management') has assailed the award dated 18. 2. 2002 passed by the Central Government Industrial Tribunal cum Labour Court, Jabalpur (in short 'the CGIT') whereby the respondent No. 1 has been directed to be reinstated with back wages and other consequential benefits attaching to his post. The CGIT further directed that workman would be deemed to be in continuous service from the date of compulsory retirement till the date of his reinstatement.

(2.) AS per the case of the Management, the workman while serving as Supervisor in the Gun Carriage Factory claimed a false LTC for himself and his wife whereas, in fact, he was not married on the date of preferring the claim. The departmental enquiry was conducted and on the basis of the said enquiry the disciplinary authority imposed punishment of termination vide order dated 9. 3. 1987. workman preferred a departmental appeal and the order of punishment of termination from service has been modified to the compulsory retirement by the appellate authority vide its order dated 21. 1. 1988.

(3.) THE workman assailing the order of his compulsory retirement raised an industrial dispute and the matter was referred to the CGIT for adjudication. The respective parties submitted their statement of claims. The workman in his statement of claim challenged the departmental proceedings on several grounds. The Management in its statement of claim denied the averments made by the workman in his statement of claim. The CGIT framed issues in regard to the validity of the departmental enquiry and also regarding proving of misconduct and the punishment inflicted to workman.