V N SARDANA Vs. GENERAL MANAGER, NORTHERN RAILWAY

JUDGEMENT

(1.) This is an appeal by the workman against the judgment of the learned Single Judge, who had accepted the writ petition of the Management i.e. the General Manager, Northern Railway, New Delhi.

(2.) Briefly the facts are that the appellant-workman Shri V.N. Sardana was working as a Clerk (Cadre II) in the Traffic Accounts Office, Northern Railway, Jalandhar. On 5th September, 1969, he was removed from service consequent upon a departmental enquiry held against him. This order of removal was challenged by the workman in a civil suit, which was decreed on 29th September, 1973, holding that the order of removal had not been passed by the appointing authority. In pursuance of the decree of the Civil Court, the workman resumed duties on 24th February, 1974. In the first instance, the Deputy C.A.O.(G) passed an order on 3rd September, 1974 that the workman Shri Sardana be treated on duty for all purposes and full pay and allowances for the period 5th September, 1969 to 24th February, 1974 be paid to him. According to the Management, the above order was wrongly passed under sub-rule (3) of Rule 2044-A (Fundamental Rule 54A) and at any rate the Deputy C.A.O. (G) was not competent to pass the order reinstating Shri V.N. Sardaana in service and allowing him full pay and allowances for the period in question. The Deputy C.A.O.(G) withdrew this order by his subsequent order dated January 4, 1975. Thereafter orders were passed by the General Manager, Northern Railway on 26th March, 1975 and 6th May, 1975, whereby payment to Shri Sardana for the period in question was ordered to be restricted to the subsistence allowance and other allowances admissible to him under rule 2043-1(ii) of the Railway Code.

(3.) Shri V.N. Sardana then approached the Labour Court under the Industrial Disputes Act, 1947 (hereinafter called the Act), seeking full pay and allowances for the period in question. The Labour Court vide its award (Annexure P-5) held that Shri Sardana was entitled to full pay and allowances and held him to be entitled to recover a sum of Rs. 17,309.88 from the Management. This award was challenged by the Management before the learned Single Judge by way of writ petition.