AIR INDIA LIMITED Vs. ANIL R JOSHI

JUDGEMENT

(1.) THIS appeal is directed against the common judgment and order passed in Writ petition No. 1523 of 1997 and Writ Petition no. 1479 of 1999 by which the order of the national Industrial Tribunal granting approval under Section 33 (2) (b) of the Industrial disputes Act, 1947, hereinafter referred to as the Act was set aside and the matter was remanded to the Tribunal for disposal in terms of the directions contained in the said judgment and order within six months.

(2.) BRIEFLY stated the facts of the case are that the respondent workman was employed as foremen with appellant Air India. A charge sheet was served on the respondent on February 1, 1996. The relevant portion of the charge sheet reads as under:

(3.) THE enquiry committee was reconvened and recommenced the enquiry from the stage as directed by this Court. At the recommenced inquiry, there were some procedural disputes as to whether the evidence by way of examination in chief earlier recorded in the previous enquiry, should be allowed to stand. Ultimately the enquiry committee decided to examine the witnesses de novo. The first witness to be examined was Mr. D. G. Nayar who was at the relevant time General manager, Maintenance. The next witness examined was Mr. K. Prabhakaran, Asst security Officer. He was first examined on July 18, 1996 wherein his earlier statement was recorded. The respondent objected to the same. Though his objection was over ruled, subsequently the examination in chief of Mr. Prabhakaran was recorded on July 25, 1996. Clarification to his statement was sought by the enquiry committee. The defence representative sought time. On the adjourned date respondent informed the enquiry committee that he had made an appeal to the appellate authority on august 12, 1996 requesting that the presiding officer of the enquiry committee be changed. The enquiry committee then met on three occasions and ultimately as the respondent did not wish to cross examine the witness the evidence of Mr. Prabhakaran was closed. The third witness examined was Mr. K. K. A. Kishore, Additional General Manager, engineering Headquarters. The enquiry committee also examined him and he was cross examined on behalf of the respondent. On october 12, 1996 the respondent himself was examined. The final statement of the respondent was also recorded.