( 1 ) PETITIONER Reserve Bank is before me challenging the award, dated January 28, 1999 passed by the Central Government Industrial tribunal in C. R. No. 71 of 1991.

( 2 ) SECOND respondent workman was appointed as sweeper on March 10, 1971. He was transferred as Farash with effect from december 5, 1978. He was absenting from work without prior sanction and was not submitting leave applications in advance. On account of his irregular attendance management according to the petitioner was constrained to initiate a departmental enquiry. An enquiry was held. Enquiry officer concluded his enquiry vide his report, dated October 26, 1988, Enquiry officer held that the workman was guilty of the charges. The competent authority accepted the findings of the Enquiry Officer and ordered dismissal in terms of an order of dismissal, dated December 16, 1989. This dismissal order was subjected before the Central Government industrial Tribunal-cum-Labour Court in terms of a dispute. Parties filed their respective statements, evidence was recorded. The industrial Tribunal, held that the enquiry was not fair and proper. Thereafter, evidence was led. The Industrial Tribunal has chosen to give a find

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