9911796707
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Issues:
Dismissal of railway employees for strike participation, legality of dismissal orders, review of dismissal cases, reinstatement of employees, payment of compensation, pension benefits, governmental decisions regarding reinstatement. Analysis: 1. The judgment addresses the dismissal of approximately 800 railway employees for participating in a strike, leading to legal battles through appeals, revisions, and writ petitions. Various orders were passed by different authorities, including the Central Administrative Tribunal (CAT) in Hyderabad, Jodhpur, and Chandigarh. The CAT set aside dismissal orders due to failure to apply mind and absence of justifying material, directing the appellate authority to conduct inquiries or reinstate employees with benefits in specific cases. 2. Special Leave Petitions were filed against the CAT Jodhpur's order, leading to directions for fresh orders considering observations in previous judgments. Employees were allowed to retain quarters and receive compensation for the time out of job. The CAT Chandigarh dismissed claim petitions based on technicalities, and employees sought directions for pending matters. 3. The judgment highlights the employees' political efforts for reinstatement, including promises by Railway Ministers and governmental decisions regarding reinstatement or compensation. Despite various considerations and recommendations, no concrete action was taken by the succeeding government, leading to ongoing legal battles for the dismissed employees. 4. The Court emphasized that no tribunal found the dismissal orders justified, indicating arbitrariness in exercising power against the employees. The judgment directed the restoration of employees to their posts within three months, along with compensation equivalent to three years' salary and notional continuity for pensionary benefits, even for retired or deceased employees. 5. The judgment concluded by disposing of all appeals and pensions, directing the payment of compensation without costs. It highlighted the obligation of the Court to ensure justice and fairness, especially when employees were unjustly treated, emphasizing the need to rectify the injustice through appropriate measures such as reinstatement and compensation.
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