UNION OF INDIA Vs. KANA RAM

JUDGEMENT

(1.) THESE petitions for writ are preferred to question correctness of the judgment dt. 01.01.2013 passed by the Central Administrative Tribunal, Jodhpur Bench, Jodhpur (for short, hereinafter referred to as 'the Tribunal') in Original Applications No. 505/2011 and 506/2011. Briefly stated, facts of the case are that the respondent -workmen were in employment of the Department of Post and Telegraph being employed as part time waterman somewhere in the year 1987. Respondent -workman Kana Ram was retrenched from service on 06.07.2011 and respondent -workman Janki Lal was retrenched from service on 06.08.2011. Aggrieved by the same, the workmen preferred original applications before the Tribunal. The Tribunal after considering facts of the case arrived at the conclusion that the order dt. 29.10.2012 passed by the Tribunal in a batch of original applications led by Original Application No. 17/2012 would apply to the respondent -workmen.

(2.) THE submission of learned counsel for the petitioners is that the order dt. 29.10.2012 passed by the Tribunal in a batch of original applications led by Original Application No. 17/2012 is having no application in the present set of facts. It is stated that in the case aforesaid, the Tribunal was dealing with the cases of the employees working with the Department of Income Tax and who were discontinued from service somewhere in the year 2010. In that case certain directions were given by taking into consideration facts applicable in that case only and as such, the directions given in that case cannot be made applicable in the instant case ipso facto. From perusal of the judgment impugned, we are satisfied that the Tribunal failed to examine the issue involved in the original applications by taking into consideration the facts of the instant matter. We are also satisfied that the relief granted under the judgment dt. 29.10.2012 in batch of original applications led by Original Application No. 17/2012 has wrongly been applied by the Tribunal without examining facts of the case. Having considered the same, we deem it appropriate to set aside the judgment dt. 01.01.2013 passed by the Tribunal in Original Applications No. 505/2011 and 506/2011. The original applications are remanded to the Tribunal for their adjudication on merits afresh. The writ petitions stand disposed of, accordingly.