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TMI Blog1993 (8) TMI 319X X X X Extracts X X X X X X X X Extracts X X X X ..... cipation in Loco Running Staff Association strike in January 1981. In each of these cases the disciplinary authority held that it was not reasonably practicable to hold any inquiry. Since then most of the employees have been pursuing their remedy by way of appeals, revisions, writ petitions and claim petitions. They have also been making effort politically to get themselves reinstated. The legal battle has been long one. Some of it is noticed in the order passed by the Central Administrative Tribunal (referred as 'CAT'), Hyderabad. Other orders impugned are passed by CAT, Jodhpur and CAT, Chandigarh. Appeal numbers 4681-82 of 1992 and 4651-4680 of 1992 arise out of the order passed by the CAT, Hyderabad. Earlier the employees challe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peal) Rules, 1968. If an enquiry is not possible at all, the applicants will be entitled to be reinstated with all consequential benefits. In O.A. Nos. 233/87, 329/87, 767/87, 43/89 and 45/89 it is represented that the applicants have since retired. The question of holding an enquiry in their cases does not, therefore, arise. The orders of the disciplinary authority/appellate authority in these cases are set aside as has been done by the Gauhati Bench in O.A. No. 408/86 Golul Ch. Barua and Ors. v. Union of India and Ors. The applicants therein will be entitled to receive the salary for the period from the date of dismissal to the date of their attaining the age of superannuation and thereafter to pension as if they had retired from service ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entitled under rules to retain the quarters after superannuation in case of those who have attained the age of superannuation, subject to payment of all arrears of rent at the rate applicable before their dismissal from service. within 4 months of this order. Where the revisional authority holds or orders an enquiry under D.A.R., the applicants will be allowed to retain the quarters till final decision in the enquiry proceedings subject to the above conditions. Parties to bear their own costs. So far the appeals arising out of order passed by CAT, Chandigarh are concerned the employees working in that area also challenged the orders of disciplinary and appellate authority by way of writ petitions which were transferred to this Court. After ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent, however, did not pass any order of reinstatement. But the learned Counsel for respondents has produced a copy of the Government's decision made in 1993 to re-employ all such employees who had not approached the Court. 4. When the special leave petition was filed by the Union of India against the order of CAT, Hyderabad, a statement was made on 14th November 1991 that the Government was seriously considering the question of withdrawing the proceedings against all the persons who took part in the strike in 1981. The statement was supported by an affidavit filed in January 1993, by Sr. Personnel Officer. In March 1992 another affidavit was filed by another Chief Personnel Officer stating categorically that the Government of India had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elf imposed or statutory, stands removed and no rule or technicality on exercise of power, can stand in way of rendering justice. We are not impressed by the vehement submission of the learned Additional Solicitor General that the CAT, Hyderabad exceeded it jurisdiction in recording the finding that there was no material in support of the finding that it was not reasonably practicable to hold an enquiry. The jurisdiction to exercise the power under Rule 14(2) was dependent on existence of this primary fact. If there was no material on which any reasonable person could have come to the conclusion as is envisaged in the rule then the action was vitiated due to erroneous assumption of jurisdictional fact therefore the tribunal was well within ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hether in 1990 or in 1991 or in 1992 has been considering the matter, and efforts had been to grant relief to these employees. What should be done then which may do justice to both the parties? Overall picture is that there are five types of employees, one, whose claim petition before tribunal has been allowed and they have been directed to be reinstated; second, whose claims petitions had been allowed to a limited extent, namely, the appellate and revising authority had been directed to re-examine their cases; third, those who have retired during pendency of the claim petitions; fourth, where the claim petitions have been dismissed because the appeals filed had already been dismissed; and fifth; those who did not approach the Court and the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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