- (1.) Heard Sri Virendra Misra, learned counsel for the petitioners. This writ petition has been filed by the Central Warehousing Corporation (hereinafter referred to as 'the Corporation') and its Regional Manager for quashing the Award dated 13.05.2015 passed by the Central Government Industrial Tribunal (hereinafter referred to as 'the respondent no.1) in favour of the workman Chowkidar Vindhyachal (hereinafter referred to as 'the respondent no.3). It has been submitted that by the impugned Award dated 13.05.2015, the respondent no.1 has neither answered the Reference made to it by the Central Government properly, nor it decided the dispute alleged to have arisen between the parties.
(2.) Sri Virendra Misra, learned counsel appearing for the Corporation, has submitted that the respondent no.3 being a Chowkidar was allotted a residential quarter in the Central Warehouse situated at Gorakhpur on 28.9.1999 and by his letter dated 31.03.2003, the respondent no.3 alleged that the roof of the quarter was leaking and the house needed urgent repairs and he may be permitted to vacate the same. Again by his letter dated 1.6.2003, he made the same request. The Warehouse Manager by his letter dated 08.07.2003 had asked the workman to retain the possession of his quarter till further orders. The Warehouse Manager was also approached by the Shramik Sangh i.e. the Labour Union and the Warehouse Manager informed the Labour Union (hereinafter referred to as respondent no.2), by his letter dated 22.05.2006, that he had informed the Regional Office that the complaint of the workman is correct and that his quarter required major repairs.
(3.) The workman continued in possession of the quarter and did not inform the Management that he had vacated the same, nor did he handover its actual vacant possession or keys to the competent authority. It is the case of the Management that Chowkidars are always provided quarters within the campus of the Warehouse for ensuring its safety and security. There were three Warehouse Managers, namely, A. K. Srivastava, V.S. Vishwakarma and Mani Prasad, who were posted from 3.08.2002 to 2.08.2006, 3.08.2006 to 31.05.2008 and 1.06.2008 to 3.11.2011 respectively, who confirmed in writing that the quarter in question remained in possession of the workman throughout.;