Rl Moria v. Chairman Cum Managing Director & Anr

RAJIV SAHAI ENDLAW, J

APRIL 19, 2012 "gsr"

*IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 19th April, 2012 + LPA No.516/2010 R.L. MORIA ..... Appellant Through: Mr. M.N. Krishnamani, Sr. Adv. with Mr. R.K. Singh, Ms. Deepa Rai & Mr. V.M. Srivastava, Advs. Versus CHAIRMAN CUM MANAGING DIRECTOR, NATIONAL AVIATION COMPANY OF INDIA LTD. & ORS. ..... Respondents Through: Mr. R. Kaul & Mr. Sandeep Khatri, Advs. for R-1. Mr. Lalit Bhasin with Ms. Shreya S. Dabas & Ms. Bhawna Dhami, Advs. for Air India Ltd. CORAM :- HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW A.K. SIKRI, ACTING CHIEF JUSTICE 1. This intra-court appeal is preferred by the appellant challenging the judgment dated 14.05.2010 of the learned Single Judge in three writ petitions bearing W.P.(C) Nos.7284/1999, 151/2005 & 6576/2005. In these circumstances, the appellant was required to file three LPAs. However, on the oral request of learned counsel for the appellant, since the pleadings and challenge is common in all the petitions, these are treated as three LPAs. The Registry is directed to assign proper numbers. 2. The particulars of three writ petitions which are decided by the learned Single Judge vide common judgment are as under: "(i) CWP No.7284/1999 filed by the appellant R.L.Moria challenging the order of his dismissal dated 11.8.1999. This writ petition was disposed of on the first date of listing i.e. on 6.12.1999 with direction to respondent to decide the statutory appeal of the appellant within eight weeks from the said date; liberty was granted to the appellant, if aggrieved with the outcome of the statutory appeal, to approach the Court for the revival of the petition. Statutory appeal of the appellant was dismissed on 13.1.2000. The writ petition was revived on his application. (ii) CWP.151/2005 filed by appellant R.L. Moria challenging a part i.e. para no.9 of the order passed by the National Industrial Tribunal dated 20.8.2004 whereby on the application under Section 33(2)(b) of the Industrial Disputes Act (hereinafter referred to as "the said Act") filed by the employer, the National Industrial Tribunal set aside the finding of the Inquiry Officer dated 11.8.1999 and at the same time granted liberty to the employer Indian Airlines to lead additional evidence. (iii) CWP No.6576/2005 filed by the respondent i.e. the Indian Airlines impugning the order passed by the National Industrial Tribunal dated 20.8.2004 whereby the findings of the Enquiry Officer and the Appellate Court had been set aside; thereby setting aside the order of dismissal of appellant on the ground that there has been a violation of principles of natural justice and the order is perverse. The contention of the respondent that the scope of enquiry by the Tribunal under the provisions of 33(2)(b) of the Act was limited and not as an Appellate Court was negatived." 3. The meat of the matter pertains to the departmental inquiry conducted against the appellant by the respondent on the allegations that his daughters-in-law Mrs. Anita Moria and Mrs. Rakhee Moria were apprehended along with his son and two other persons who were travelling on Interline Passage Facility of the respondent. 4. The charge was that such a facility is not available to the daughter- in-law. However, the said facility was availed by the appellant declaring Mrs. Anita Moria and Mrs. Rakhee Moria as the daughters of the appellant. The departmental inquiry was held against the appellant into the aforesaid charge which had different facets as well. The Inquiry Officer held that some of the aspects of charge were not proved while some others were established. The conclusions of the Inquiry Officer in this behalf are as under: "Based on the foregoing, the following get clearly established:- 1. Shri R.L. Moria had asked for interline tickets in respect of self and his two daughters-in-law Mrs. Anita Moria and Mrs. Rakhi Moria declaring them as daughters and not a daughters-in-laws though he knew very well that Mrs. Anita Moria and