RAMESH KUMAR ARORA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been preferred by the petitioner seeking enforcement and implementation of the award dtd. 5/9/1994 passed by the Central Government Industrial Tribunal, Jaipur in Reference No. 13/1993, whereby the termination of the petitioner was declared illegal and the petitioner was directed to be treated in continuous service from 10/6/1985 with consequential benefits.

(2.) The petitioner was initially appointed as a Gangman under the Northern Railway on 4/3/1983, continued to discharge his duties and after medical examination, was placed in the regular pay scale. The services of the petitioner were terminated w.e.f. 10/6/1985 without compliance of the mandatory provisions of Sec. 25-F of the Industrial Disputes Act, 1947 (in short, Act of 1947). The dispute was raised and was referred to the Central Government Industrial Tribunal, Jaipur (in short, Tribunal).

(3.) The Tribunal, after considering the material placed before it, recorded a finding that the petitioner had completed more than 240 days of continuous service and that the mandatory requirements of Sec. 25-F of the Act were not complied with prior to termination. Consequently, by award dtd. 5/9/1994, the termination was declared illegal and void and the petitioner was directed to be treated in continuous service from 10/6/1985 with full back wages and consequential benefits, thus said award has attained finality.