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2014 Supreme(Del) 453

V.KAMESWAR RAO
Jitender Mathuria – Appellant
Versus
Hindustan Petroleum Corporation – Respondent


Advocate Appeared:
For the Appearing parties. Chakraborty, Raavi Birbal, Advocates.

Judgment :

V. Kameswar Rao, J.

1. By this order, I shall dispose of the above captioned writ petitions which have been filed against an award of the Central Government Industrial Tribunal-II, New Delhi (‘Tribunal’ in short) dated September 07, 2006 in I.D. No.61/2003 with a further challenge to the order dated June 27, 2005 passed by the Tribunal, vitiating the inquiry conducted by the petitioner against the respondent Jitender Mathuria in W.P(C) No.3747/2007.

2. For convenience, Hindustan Petroleum Corporation Limited [petitioner in W.P.(C) 3747/2007)] is referred as ‘petitioner’ in this judgment and Mr. Jitender Mathuria as the ‘respondent’.

3. The brief facts are that, the respondent was appointed on March 27, 1998 on compassionate ground after the death of his father, who was an employee of the petitioner. The appointment was at LPG Plant, Village Asauda, Bahadurgarh, Haryana as a General Workman.

4. The respondent was issued a charge sheet dated February 16, 2000 for unauthorized absence for a period of 101 days between the period December 01, 1998 to January 31, 2000 as per Clause 31(7) of the Certified Standing Orders. The charge sheet also stipulated that the petitioner had sent
























































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