1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. WRIT PETITION NO.1843 OF 2009 Life Insurance Corporation of India & Anr. ...Petitioners. Vs. Mallikarjan Laxman Manikade & Ors. ...Respondents. .... Mr. V.Y. Sanglikar for the Petitioners. Mr.Saikumar Rammaurthy with Mr.Ramesh Ramamurthy for Respondent Nos.1 and 2. ..... CORAM : DR.D.Y.CHANDRACHUD, J. December 8, 2009. P.C. The award of the Presiding Officer of the Central Government Industrial Tribunal shows that the reference was reserved for delivering the award on 1st September 2008, while the award was passed nearly six months later on 6th March 2009. After the parties have been heard at a considerable degree of length on the merits of the rival contentions, Counsel are agreed that the following order may be passed by consent, without further recording of reasons. The First Respondent is personally present before the Court. A representative of the Second Respondent-Union is also present. Hence, the following 2 order : -(i) The award of the Industrial Tribunal dated 6th March 2009 is set aside. The proceedings in Reference CGIT-2/41 of 2005 are remanded back to the Tribunal for a fresh decision; -(ii) Upon remand, the Tribunal shall dispose of the entire reference within a period of three months from the date fixed by this Court for the appearance of the parties before the Tribunal. Parties shall appear before the Tribunal with an authenticated copy of this judgment on 5th January 2010; -(iii) In deciding the question as to whether the enquiry was fair and proper, the Tribunal shall have due regard to the directions contained in paragraphs 22, 23, 24 and 25 of the judgment of the Learned Single Judge of this Court, dated 15th June 2008 in Writ Petition 1239 of 2007. The Tribunal shall also have due regard to the Life Insurance Corporation of India (Staff Regulations) 1960; 3 -(iv) In the event that the Tribunal comes to the conclusion that the enquiry was fair and proper and the findings of the Enquiry Officers are not perverse, it shall pass a final award, after deciding the question whether the punishment imposed was disproportionate, having regard to the past service record. In the event that the Tribunal comes to the conclusion that the enquiry was not fair and proper, it shall furnish to the employer an opportunity of substantiating the charge of misconduct and of leading such evidence as the employer desires in support of the charge. In that event, the Respondent is entitled to lead evidence in rebuttal; -(v) The proceedings before the Tribunal shall be completed by 5th April 2010. All the rights and contention of the parties are kept open and the Tribunal shall decide upon the reference uninfluenced by any of the observations contained in the impugned award. The Petition is disposed of in the aforesaid terms. No order as to costs. ...... 4