- (1.) The petitioners in this writ petition dated September 25, 2002 are questioning the award of the Central Government Industrial Tribunal at Kolkata dated January 29,2002, Annexure P13 at p.60, answering the reference in the negative and directing the petitioners to reinstate the third respondent, the workman, Shiv Charan Lal.
(2.) Shiv Charan was working in the Life Insurance Corporation of India, the first petitioner, as a sweeper. A chargesheet dated April 28,1994, Annexure P4 at p.22, was issued alleging that he unauthorisedly erected certain temporary "hutments" on the terrace of one "Rallies Bidg." and was staying there with his family. Another chargesheet dated September 1, 1994, Annexure P5 at p.24, was issued alleging that he erected another unauthorised temporary construction on the terrace of the building. The disciplinary authority ordered a domestic enquiry. The enquiry officer submitted his report dated March 30, 1995, Annexure P6 at p.25, holding that the charges were proved. The disciplinary authority issued an order dated July 10, 1995, Annexure P9 at p.32, inflicting on him the penalty of removal from service with immediate effect. By an order dated September 21, 1995, Annexure P10 at p.33, the appellate authority rejected the appeal, and by an order dated August 27,1999, Annexure P11 at p.34, the Chairman of the Corporation rejected his statutory memorial dated March 25, 1996. Under the circumstances, the Central Government, by an order dated March 24, 2000, referred the dispute to the Tribunal.
(3.) The issue referred is as follows: "Whether the action of the management of Life Insurance Corporation of India, Calcutta Metropolitan Division-1, Calcutta in imposing punishment on Shri Shiv Charan Lal Sweeper (SR No. 321031) removing him from service is justified? If not, to what relief the concerned workman is entitled?";