JUDGMENT :

A.S. Chandurkar, J.

This Letters Patent Appeal takes exception to the judgment of learned Single Judge in Writ Petition No.247/2005 dated 18/10/2008. By the said judgment the award passed by the Central Government Industrial Tribunal, Nagpur (hereinafter referred to as the Tribunal) on 05/02/2002 in favour of the appellant has been set aside and the proceedings have been remanded for re-consideration to the said Tribunal.

2. The facts relevant for adjudication of the present appeal are that it is the case of the respondent No.1-Union that one Shri K.D. Kanholkar was working as Driver-cum-Sepoy with the appellant-Bank at its regional office from 22/09/1990. The said regional office at Kamptee was abolished on 31/05/1993. Thereafter he was not transferred to any other place and instead his services came to be terminated on 31/05/1993 without any notice. According to him he was in employment with the Bank as Driver and hence he sought reinstatement along with back-wages. The Central Government under provisions of Section 10(2A) of the Industrial Disputes Act, 1947 (hereinafter referred to as Act of 1947) referred the dispute to the Tribunal at Nagpur. The said employee through