CHIEF GENERAL MANAGER Vs. RAJNOO

JUDGEMENT

(1.) With consent of learned counsel for the parties, the matter is finally heard.

(2.) This petition under Art. 227 of the Constitution of India is directed against the Award dated 4.5.2010 passed by the Central Government Industrial Tribunal-cum-Labour Court, Jabalpur (hereinafter referred to as 'CGIT'), whereby the termination of respondent-workman has been set aside with a direction for reinstatement with back wages w.e.f. 7.7.1996.

(3.) The background facts briefly are that, respondent workman employed as General Majdoor with the petitioner was visited with a charge sheet on 6.6.1995 with the charge of remaining absent without leave and permission. The charges levelled against the workman was that he remained absent for 22 days in Oct., 1994, 14 days in Nov., 1994 and 16 days in Dec., 1994. The workman was, however, was punished for remaining unauthorised absent from 1992 to 1996 (46 days in 1992, 68 days in 1993, 70 days in 1994, 80 days in 1995 and 68 days in 1996). Enquiry into the charges culminated in an order of termination on 7.7.1996. On respondent raising an industrial dispute, the matter was referred to the CGIT for adjudication of following dispute :