UNION OF INDIA Vs. SHASHIKALA JEATTALVAR

JUDGEMENT

(1.) In these petitions, the employer and the workman (represented by his widow/legal heir) are at loggerheads on respective portions of award of Central Government Industrial Tribunal-cum-Labour Court (hereinafter referred to as "Tribunal"), Jabalpur dated 04.10.2006 passed in Case No. CGIT/LC/R/48/2003. The employer is also aggrieved by order of the Tribunal dated 13.04.2012 whereby the preliminary issue regarding legality and validity of departmental inquiry was answered against the employer.

(2.) Draped in brevity, the relevant facts are that the appropriate Government by letter dated 10.02003 sent an industrial dispute to the Tribunal for its adjudication. The Tribunal was required to answer the following reference:

(3.) After receiving notices, the parties filed their respective statement of claim and written statement before the Tribunal. The Tribunal framed a preliminary issue regarding validity of departmental inquiry which resulted into termination of Shri Virendra Kumar. The issue No.1 was decided on 104.2012. The Tribunal came to hold that the management has failed to file any inquiry papers in the proceedings. In absence of record of departmental inquiry, the Tribunal accepted the allegations of other side regarding procedural flaw in the domestic inquiry and opined that inquiry was vitiated. Consequently, the employer was given liberty to prove the misconduct in the Court. The management thereafter led evidence before the Tribunal. The Tribunal in its award dated 04.10.2016 found that the management was not able to prove the misconduct and accordingly, the removal order was set aside. Since the workman Shri Virendra Kumar died during the pendency of the proceedings before the Tribunal, the Tribunal directed to pay Rs. 2 lacs as compensation to the workman besides holding that action of management in stopping the services of Shri Virendra Kumasr w.e.f. 02.12.1992 was not legal.