facts are that when the Bank approached
this Court against the Award of CGIT it had sought stay of
operation of that Award directing ... passed by this Court
on 03.09.2009 when operation of the impugned award of
CGIT was stayed and at the most it could be said that
management submitted that there is no infirmity in the Award of the
CGIT in view of the fact that the termination of the services ... illegal.
11. I, therefore, allow this writ petition. The impugned Award of
CGIT is set aside. The termination of services of petitioner-workman
dated 23.06.2008 By the impugned Award, the CGIT directed reinstatement of the second respondent with 50% backwages and other consequential benefits.
2. The writ petition ... credit of I.D.No.87 of 2006 before the CGIT. The CGIT was in turn directed to deposit the same
respondent, on the other hand,
supported the impugned award passed by CGIT and submitted
that Labour Court has come to the conclusion after proper
appreciation ... CGIT would still not
entitle the respondent to get the relief which the CGIT gave him
under the impugned Award. The CGIT has not given
without back wages."
5. The petitioner challenged the said Award of the CGIT by filing the
present writ petition.
6. Learned Senior Counsel ... have unhesitatingly come to the conclusion that
the impugned Award of the CGIT is unreasonable and totally
unsustainable. It having been held by CGIT
seeks to set aside the same. By the impugned Award, the CGIT answered the reference in favour of the workmen represented by the second respondent ... Assailing the Award, Mr.Sanjay Mohan representing M/s.S.Ramasubramaniam Associates, counsel for CPC L submitted that the Award of the CGIT is perverse
dated 11.12.2006. By the impugned Award, the CGIT held that the termination of the petitioner was legally justified and he was not entitled ... proved in the first inquiry."
19. Therefore, the impugned Award of the CGIT is liable to be set aside. When once enquiry
learned Single Judge of this Court
which held that the Award of the CGIT was not sustainable ... August 2004 of this
Court setting aside the Award dated 30th July 2002 of the CGIT, became
final. Since as of date there
dated 30.11.2007. By the impugned Award, the CGIT declined to grant any relief to the workman and dismissed the industrial dispute.
2. The writ petition ... applicable to the workman employed by the Bank.
16. The CGIT in its impugned Award dated 30.11.2007 framed two issues for consideration. It analyses
employer, petitioner herein,
for adjudication to the CGIT. After trial, the CGIT passed an
award in favour of respondent no.2 herein after the main ... Court had vide order dated 03.09.2009 stayed the operation
of the award of CGIT, though subject to the petitioner bank
depositing in Court the entire
