Judgment Delivered on July 14, 2014
+ W.P.(C) 5289/2010
AEROFLOT RUSSIAN AIRLINES ..... Petitioner
Represented by: Mr. B.K.Singh with Mr. Abhishek Kishore, Advocate
versus
MOHAN KUMAR SHARMA AND ANR. ..... Respondents
Represented by: Mr.Jitesh Pandey, Adv. for R-1 Ms.Vanessa Singh, Adv. for R-2
CORAM:
HON'BLE MR. JUSTICE V.KAMESWAR RAO
V.KAMESWAR RAO, J.
1. The challenge in this writ petition is to the award dated May 31, 2010 passed by the Central Government Industrial Tribunal cum Labour Court-II, Karkardooma Courts („Tribunal‟ in short) in I.D No.31/2007 whereby the Tribunal answered the reference in favour of the respondent No.1 namely Mohan Kumar Sharma by holding the action of the petitioner terminating/dismissing the services of respondent No.1 with effect from December 30, 2006 as unjustified and illegal and with a further direction of reinstatement with full back wages and continuity of service within one month from the date of publication of the award.
2. The industrial dispute was referred by the appropriate government for the adjudication on the following terms:
"Whether the action of the management of Aeroflot, W.P.(C) No. 5289/2010 Page 1 of 21