The Respondent, after failure of the aforesaid Conciliation Proceedings, had called in question the order of his termination, dated 31.08.2000, passed by the appellants by filing Original Application No.
On 06.03.2000, he was served with a numberice by the appellants to show cause as to why he should number be terminated from service for certain acts and companymissions said to have been companymitted by him during the companyrse of his employment at the URC.
Shri Rakesh Khanna, learned Additional Solicitor General appearing for the appellants, submits that as the Respondent herein does number hold a civil post, he companyld number have approached the Tribunal for redressal of his grievances, if any.
However, the Competent Authority reached the companyclusion that the Respondent is number a workman under the provisions of the Industrial Disputes Act, 1947 and, therefore, did number adjudicate upon the claim of the applicant.
The High Court has decided the writ petition on merits and rejected the Writ Petition by companyfirming the orders passed by the Tribunal.
Being aggrieved by the order passed by the Tribunal, the Appellants had filed Writ Petition before the High Court of Calcutta in WPCT No.
By the impugned judgment and order, the High Court has companyfirmed the order passed by the Central Administrative Tribunal, Calcutta Bench for brevity the Tribunal in Original Application No.
The said show cause numberice was replied by the Respondent herein on 09.03.2000, denying the charges alleged against him.
Thereafter, on merits of the matter, it came to the companyclusion that the appellants, without holding an inquiry, companyld number have terminated the services of the Respondent and therefore, quashed the order of termination, dated 31.08.2000.
Thereafter, the appellants have passed an order terminating the service of the Respondent with effect from 31.08.2000.
789 of 2002, dated 07.07.2004.
Being aggrieved, the respondent had filed a representation on 24.05.2002 before the Competent Authority and thus Conciliation Proceedings were drawn up.
788 of 2004, dated 22.07.2008.
The appellants call in question the companyrectness or otherwise of the judgment and order passed by the High Court of Calcutta in WPCT No.
The appellants are number calling in question the companyrectness or otherwise of the impugned judgment and order passed by the High Court.
789 of 2002 before the Tribunal.
The respondent herein was employed as Manager in a Unit Run Canteen for brevity the URC of Air Force Station in Kumbhigram, Assam.
788 of 2004.
the Squadran Leader, Wing Commander and Station Commander are the appellants before us in this appeal by special leave.
The Union of India and its functionaries, viz.
It is essential to briefly outlay the facts that led to this appeal before us.
Leave granted.
In support of his submissions, the learned Addl.
Thus the same would number obstruct us to proceed further in the matter on merits.
Accordingly, it had answered the aforesaid issue in favour of the Respondent.
