UNION OF INDIA Vs. ASRAF ALI

JUDGEMENT

(1.) The matter comes up for orders on an application captioned as application under Section 17-B of the Industrial Disputes Act, 1947. As on the basis of assertion made in the application itself, the respondent workman has attained the age of superannuation and the question of continuing to pay last drawn wages to the workman in the present case would not arise. However, learned Counsel for the appellant has urged that the appeal itself be heard on merit. We have heard learned Counsel for the parties.

(2.) The respondent workman Asraf Ali was employed with the appellants for almost 24 years. At the time of imposition of punishment in question, he was working as Trademan 'C'. He was served with a charge-sheet on the ground that he wilfully remained absent from duty without obtaining leave from February 13, 1986 to May 21, 1986 and by order dated June 12, 1987, punishment of compulsory retirement was imposed on him by holding that the workman has accepted the delinquency. The appeal against the same was dismissed by the Appellate Authority on November 12, 1988 and a mercy petition was also dismissed.

(3.) This led to raising of an industrial dispute about compulsory retirement by way of punishment which was referred to the Central Industrial Tribunal, Kota under Section 10 of the Industrial Disputes Act, 1947.