High CourtsDivision Bench(2005) 05 DEL CK 0049

G.M. Northern Railway and Another vs Shri S.K. Sharma

Delhi High Court · Decided on 2 May 2005

HON’BLE JUDGES
B.C. Patel, C.J · Sanjay Kishan Kaul, J
RESULT
Dismissed
CASE NUMBER
LPA 1000, 1001 and CM 6351 of 2005

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Judgment

2 paragraphs · 167 words

B.C. Patel, C.J.—There is delay of 230 days in preferring this appeal. We are not satisfied with the way in which the Explanation is rendered. That apart from this being a matter of public authority, we have also examined the matter on merit. We find that the learned Single Judge while disposing the writ petition has examined the matter in detail.

2.

Before the learned Single Judge award dated 21.4.1987 made by the Central Government Industrial Tribunal in ID No. 31/85 was in question. To balance the equities, the learned Single Judge has directed that the petitioner will not get back wages but will only get continuity of service. It is also made clear before us that he has already joined. The main witness was not examined, namely, Gurbachan Singh, the complainant, who according to the employer was manhandled. It is in view of this that the learned Single Judge has taken a lenient view. We find no reason to interfere. The appeal and application are dismissed.