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2000 DIGILAW 278 (BOM)

AIR INDIA LTD. v. P. K. UPADHYAY

2000-04-18

B.N.SRIKRISHNA, S.RADHAKRISHNAN

body2000
JUDGMENT : 1. Appeal admitted. Notice made returnable forthwith. Mr. Shetty for the 1st respondent waives service. 2nd respondent, being Tribunal, need not be served. By consent, the appeal is called out for hearing. 2. After the matter was heard for some time, we made certain suggestions to the learned Counsel appearing on behalf of both the sides, which they have accepted, after obtaining instructions from their respective clients. The appeal can, therefore, be disposed of at this stage itself, which we propose to do, by consent, in the following terms. (i) The order of the learned single Judge dated February 24, 2000 and the order of the learned Judge, National Industrial Tribunal dated November 20, 1998 made in approval Application No. NTB-51 of 1995, are set aside by consent, in view of the fact that there is already a substantive industrial dispute vide reference No. GGIT 41 of 1999 pending on the subject of reinstatement of the respondent. (ii) The respondent shall be entitled to immediately withdraw the amount deposited in this Court by the order of the learned single Judge dated December 24, 1998 together with all accrued interest if the amount has been invested. The said amount shall be paid over to the respondent without insisting on any security. (iii) The Central Government Industrial Tribunal shall hear and dispose of the reference within six months from the date of reaching of the writ of this Court. (iv) Mr. Bharucha for the appellants states that the appellant shall not rely upon enquiry proceedings and shall prove the charges against the respondent by leading fresh evidence before the Tribunal which alone the Tribunal shall take into consideration. This shall consist both documentary and oral evidence. It is obvious that the respondent shall also be entitled to lead such evidence as he desires to defend the charges against him. (v) In case the Tribunal grants the relief of full back wages, then the amount withdrawn by the respondent from this Court shall be set off against the full amount of backwages payable to him. However, if the reference fails and the Tribunal does not grant any relief of back wages to the respondent, then the respondent shall not be liable to refund the amount withdrawn. (vi) The respondent shall not be evicted from the quarters till the disposal of the aforesaid reference. 3. However, if the reference fails and the Tribunal does not grant any relief of back wages to the respondent, then the respondent shall not be liable to refund the amount withdrawn. (vi) The respondent shall not be evicted from the quarters till the disposal of the aforesaid reference. 3. Appeal is accordingly allowed, however, with no order as to costs. 4. Personal Assistant issue an ordinary copy of the order authenticated by the Associate. Prothonotary to act on an ordinary copy of the order duly authenticated by the Associate. 5. Issuance of certified copy is expedited.