CHIEF GENERAL MANAGER Vs. D J MUKHERJEE

JUDGEMENT

(1.) Petitioner has filed this petition being aggrieved by the order dated 20.11.2015 passed by CGIT, Jabalpur in Case No.LC/R/130/03, whereby, the punishment handed over to the respondent employee who is the member of the National Federation of Telecom Employee, has been set aside and it has been directed that order of compulsory retirement as was passed by the disciplinary authority is not proper and legal and the second party was directed to reinstate the workman with continuity of service with 50% of back wages.

(2.) It is petitioner's contention that the order passed by CGIT is not in accordance with law and no such direction for reinstatement of the workman could have been given by the CGIT, looking to the gravity of the charges levied on the worker and which were proved. It is also submitted that the Tribunal has failed to see material evidence which was available on record and, therefore, the impugned order is perverse and needs to be set aside.

(3.) Learned senior counsel for the petitioner however, admits that during the course of these proceedings, the workman has superannuated from service in the year, 2010 and now, the reliefs are only in the shape and form of monetary benefits.