JUDGMENT :

1. These two petitions are filed by the employer and employee respectively against the award of the Central Government Industrial Tribunal No. 1, given in Reference No. CGIT-1/87/1990 on 16th of December 1994.

2. T.C. Marathe (hereinafter referred to as the said employee) along with another co-worker, was facing departmental proceedings before the enquiry officer of the Life Insurance Corporation of India, the employer (hereinafter referred to as such).

(i) The incidents related to what had happened on 18 November 1982 and 19 November 1982. That the said employee with his co-worker - Mandavkar, working as hamal of the employer, at the relevant time were supposed to carry out packing and unpacking work in the stationery department. On 18 November 1982 they were asked to pack the stationery in the boxes to be sent to the Parbhani Branch office and in that regard, in spite of the instructions, they have failed to pick and pack the stationery in the boxes and could not send it to Parbhani. A serious view was taken by the department that the stationery ought to have reached Parbhani office as intended by the immediate superiors of the said employees. Virtually on 19 November 198