INDIAN AIRLINES LIMITED Vs. NATIONAL INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) By this Petition, the Petitioner is challenging the order passed in Approval Application No. 16/1994 arising out of reference No. NTB-1/90 and order passed in Misc. Application no. 1 of 2004 dated 21/04/1999, 18/12/2003 and 07/1/2004 respectively.

(2.) Brief facts which are relevant for the purpose of deciding this Writ Petition are as under:-

(3.) The Respondent No. 1 was working as Traffic Assistant with the Petitioner - Company sometime between 17/11/1992 and 21/11/1992. It is alleged that he had singed refund vouchers which were prepared by Ajay Mukherjee, as an authorized officer though he was not authorized to sign the said vouchers. A charge- sheet was issued against the respondent No. 1. An inquiry was held. However, according to the Petitioner, the Respondent No. 1 did not attend the inquiry and, therefore, an ex parte inquiry was conducted against the Respondent No. 1 and, thereafter, a show cause notice was sent to the Respondent No. 1 in which punishment of dismissal was proposed by the Inquiry Officer. According to the Petitioner, the report of the inquiry was sent to the respondent No. 1. Time was taken by the Respondent No. 1 to file reply. However, since no reply was sent by him, on 30/03/1994 an order of dismissal was passed. In the meantime, the Petitioner filed an application for approval before the National Industrial Tribunal vide Approval application No. NTB 16 of 1994. On 21/04/1999, the Tribunal refused to grant approval on the ground that the inquiry was conducted ex-parte and that the Respondent No. 1 was not given sufficient opportunity. Thereafter, a review petition was filed and it was urged that the Tribunal had commit ted an error of law which was apparent on the face of the record as no opportunity was given to the petitioner to prove its case before the Tribunal. The Tribunal accepted the submission made by the learned Counsel appearing on behalf of the Petitioner and set aside its earlier order dated 21/04/1999.