UNION OF INDIA Vs. MEERA BAI & ORS

JUDGEMENT

(1.) Learned counsel for the parties jointly submitted that this petition can be heard finally without the return, accordingly, heard finally.

(2.) The Union of India, through Divisional Railway Manager, Central Railways has filed this petition being aggrieved by award dated 009.2016, by which CGIT-cum-Labour Court, Jabalpur in case No.CGIT/LC/R.110/2002 has interfered with the order of termination by modifying it to the punishment of compulsory retirement.

(3.) That late Madanlal Gannu was working as Diesel Khalasi, Token No.1673 at Central Railway, Itarsi. He was served with the charge-sheet on the ground of unauthorized absence from service for the period of about 3 months i.e. from 16.06.1996 to 5.09.1996. He submitted reply to the charge-sheet. Alongwith reply he also submitted medical certificate of Rashtriya Homeo Medical Dispensary, Itarsi issued by Dr.Dixit. The said medical certificate was disbelieved and sole charge was found proved against him and he was terminated from service vide order dated 30.10.1998. After termination he raised an industrial dispute before the Labour Commissioner (C). The Government of India, Ministry of Labour, New Delhi vide letter and notification No.L41012/41/2002-IR(B-I) dated 25.07.2002 has referred the dispute to the CGIT-cum-Labour Court that whether the action of the management of Divisional Railway Manager, Central Railway, Bhopal in dismissing the services of Shri Madanlal Gannu is justified or not ?