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2023 Supreme(MP) 326

SANJAY DWIVEDI
Chamanlal Sahu – Appellant
Versus
Chief General Manager, Deptt. of Telecommunication, Now Bharat Sanchar Nigam Ltd. – Respondent


Advocates appeared:
Shailesh Kumar Mishra for petitioner; Sapan Usrethe for respondents.

ORDER

1. By means of this petition filed under Article 227 of the Constitution of India, the petitioner is questioning the legality, validity and propriety of award passed by the Central Government Industrial Tribunal (in short the ‘Tribunal’) on 17.6.2014 (Annexure-P/1) in case No.CGIT/LC/R/171/00 whereby the Tribunal while deciding a reference made to it under section 10 of the Industrial Disputes Act, 1947 (in short the ‘Act, 1947’) though held the termination of the petitioner from service w.e.f. 11.11.1995 illegal and as such, awarded compensation in his favour to the tune of Rs.1,50,000/-, but not directed the respondents for the petitioner’s reinstatement in service.

2. Learned counsel for the petitioner is assailing the impugned award solely on the ground that the Tribunal had committed illegality not directing the reinstatement of the petitioner in service and only awarded the compensation whereas it was obligatory for the Tribunal to direct the petitioner’s reinstatement with full back-wages especially when the Tribunal was of the opinion that termination of the petitioner was illegal as it was made in violation of provision of Section 25-F of the Act, 1947.

3. Shri Mishra,

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