DURAISAMY BASKARAN Vs. GAIL (INDIA) LIMITED

JUDGEMENT

(1.) This Writ Petition is filed seeking a Writ of Mandamus declaring the suspension order dt.06-07-2016 issued by the Disciplinary Authority, report dt.20-01-2017 of the Internal Complaint Committee (ICC), Memo dt.30-01-2017 of the Disciplinary Authority, order of removal dt.24-03-2017 of the Disciplinary Authority, order dt.29-06-2017 confirming the order of the Disciplinary Authority and also order dt.17-05-2017 of the Executive Director HR forfeiting the gratuity, as arbitrary, illegal and contrary to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (for brevity 'the Act, 2013), Government of India OM No.11013/2/2014EsttAIII dt.16- 07-2015, Guidelines on Sexual Harassment of Women at Work Place dt.04-05-2016 issued by the respondent Organization and also against the GAIL Employees' CDA Rules 1986, and set aside the same.

(2.) Heard Sri Deepak Bhattacharjee, learned Senior Counsel, representing Sri S.Lakshmikanth, learned counsel for the petitioner and Sri D.V.Seetharam Murthy, learned Senior Counsel, representing Sri S.Sreenivasa Rao, learned counsel for the respondents.

(3.) It has been contended by the petitioner that initially he was appointed in the respondents-Corporation on 31-07-1995 as Deputy Manager (P & A) at Hazira, Surat and he has been discharging his duties to the best satisfaction of his superiors and everyone concerned. After rendering considerable length of service, the petitioner was promoted as Manager (HR) on 01-07-1999 and the petitioner was further promoted as Senior Manager (HR) on 01-04-2005. Thereafter, the petitioner was further promoted as Chief Manager (HR) during April 2010. The petitioner was actually entitled for promotion to E-6 Grade from 01-04-2009 but the respondents have not considered his case. Then challenging the action of the respondents in not considering his case for promotion to the E-6 Grade, the petitioner filed W.P.No.28699 of 2011 before the High Court of Madras, Chennai and the same is pending.