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2000 Supreme(MP) 668

BHAWANI SINGH, A.K.MISHRA
ANAND KUMAR DUBEY – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
M.R.Chandra, S.P.SINHA

BHAWANI SINGH, C. J.

( 1 ) ANAND Kumar Dubey was a permanent ladderman in the Central Railway Loco Shed, kami Junction. He was removed from service from December 12, 1986 for remaining absent from service for about 41 days during 1986. Domestic enquiry was held. However, the claim of the appellant that his absence was due to sickness and death of his mother was not accepted and he was removed from service. He approached his union and the railway Ministers from time to time and was asked to wait for favourable disposal of his case, but nothing was done. These efforts continued till 1997 and when it was found that despite assurances, Officials and Railway ministers were not going to do anything, the appellant was compelled to raise industrial dispute under Section 10 (1) of the Industrial disputes Act, 1947, against the railway management before the Regional Labour commissioner, Central, Jabalpur, for conciliation on July 21, 1998.

( 2 ) FURTHER case of the appellant is that the railway management contested the reconciliation proceedings without objection as to delay and produced official records including service sheets of the appellant with respect to enquiry conducted against him.








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