J.J.MUNIR,J. - (1.) This petition under Article 226 of the Constitution has been brought by the Divisional Railway Manager, Northern Railway, Allahabad assailing an award dated 11.01.2011 of the Central Government Industrial Tribunal - cum - Labour Court, Kanpur in Industrial Dispute no.41 of 2003. The award has been published in due course by the Central Government and become enforceable under the provisions of the Industrial Disputes Act, 1947.
(2.) The proceedings giving rise to the industrial dispute commenced on a reference made by the Central Government vide notification dated 28.11.2003, under Section 10 of the Industrial Disputes Act, which was made in the following terms: Whether the action of Assistant Operating Manager (M) Northern Railway Allahabad in denying the promotion to Sri V K Bajpai at the post of switchman and terminating his service vide order dated 18.07.2000, is justified? If not to what relief the workman is entitle4d (sic entitled) to
(3.) By the award dated 11.01.2011 last mentioned, the aforesaid reference has been answered in favour of the workman and against the employer holding that the entire action of the employers, as referred to in the impugned award, is illegal and void ab initio. The workman has been held entitled to reinstatement in the services of the Northern Railways. He was further held entitled to all back-wages, seniority and all consequential benefits attached to the post, in the same manner as if he had never been removed from service.;