KUMARI SUPRIYA BHATTACHARJEE Vs. UNION OF INDIA
HIGH COURT OF GAUHATI
Kumari Supriya Bhattacharjee
UNION OF INDIA
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HRISHIKESH ROY -
(1.) Heard Mr. S. Choudhury, the learned counsel appearing for the petitioner. The respondent Nos.1-5 are represented by Mr. B.K. Das, the learned Addl. Standing Counsel for the Railway. Relevent Facts
(2.) The challenge here is to the award dated 3.6.2009 (page-52), in the Reference Case No.14/2006, whereby the learned Central Government Industrial Tribunal cum Labour Court, Guwahati (in short 'the Tribunal')has held that the workman was rightly terminated by the management and thus the termination order was affirmed.
(3.) The workman was engaged as a Substitute Group-D employee and she rendered service from 31.3.2004 till 17.12.2004, until her service was discontinued by the communication dated 15.12.2004 (Annexure-4). The aggrieved employee raised an industrial dispute and when the conciliation failed, the Tribunal was asked to adjudicate on the following reference, formulated under Section 10 of the Industrial Dispute Act, 1947 (hereinafter referred to as 'the I.D. Act'):
"Whether the action of the management of the N.F. Railway, Maligaon in discontinuing the service of Km. Supriya Bhattacharjee from service w.e.f. 17.12.2004 on the plea of non production of Physical Handicapped Certificate and/or no work for her is justified? If not, to what relief Km. S. Bhattacharjee is entitled to?". ;
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