CHOWRINATHAN Vs. MGMT OF BHARATH GOLD MINES LTD

JUDGEMENT

(1.) THE Management of Bharath Gold Mines limited preferred these appeals assailing the order of the learned single Judge in W. P. Nos. 7218 to 7220 of 1990, dated September 3, 1998 insofar as it relates to reinstatement of the respondents with the benefit of continuity of service and consequential benefits.

(2.) THE workmen also questioned the order of the learned single Judge passed in Writ petition Nos. 7218 to 7220 of 1990, dated september 3, 1998 insofar as it relates to denial of back wages. The parties herein will be referred to with respect to their original status as the Management and the workmen.

(3.) BHARATH Gold Mines Limited is a public sector undertaking engaged in mining activities of extraction and purification of gold at Kolar gold Fields, Kolar, in which 3 workmen namely Chowrinathan, Jagadeesha and govindraj were the employees. That on April 17, 1982 at about 3. 45 P. M. while the sub-Inspector of Police, Champion Reefs, k. G. F. accompanied with the Circle Inspector of Police were on rounds the workmen were found in unauthorised possession of (a) 21/2 gms of mining sponge gold ball, (b) 3 1/2 gms of mining sponge gold mixed with mercury, (c)175 gins of sand mixed sponge gold along with other apparatus and the same were seized under mahazar from a room adjacent to the house bearing Door No. 77 'g' Block, Champion reefs. In respect of the unauthorised possession of the above materials, a domestic enquiry was held for the misconduct as per standing Order 15 (b) and 15 (b) (34 ). After a detailed enquiry, the 3 workmen namely chowrinathan, Jagadeesh and Govindaraj were found guilty of misconduct and accordingly they were dismissed from service. The workmen raised an Industrial Dispute and the same was referred to the Central Government industrial Tribunal cum Labour Court, bangalore which came to be registered in Ref. Nos. 104, 105 and 106 of 1987. The learned presiding Officer of the Central Government industrial Tribunal permitted both the parties to lead evidence in support of their case. Considering the materials on record, Tribunal rejected the reference of all the 3 workmen by its order dated July 31, 1989 justifying the action of the Management in dismissing the workmen. Being aggrieved of the order of the central Government Industrial Tribunal cum labour Court, Bangalore, the workmen preferred Writ Petition Nos. 7218 to 7220 of 1990. The learned single Judge held, that the findings of the Tribunal as perverse on the ground that "the Management has not established as to whether the properties seized do not belong to them and that it was incumbent upon the management to lead evidence to establish the fact that the properties belong to bharath Gold Mines Limited". With the said reasonings, the learned single Judge set aside the order of dismissal of the workmen and directed the Management to reinstate the workmen with the benefit of continuity of service and consequential reliefs. However, it was held that the workmen were not entitled to any back wages. It is this order which is now assailed by the Management insofar as it relates to order of reinstatement whereas the workmen have questioned the order insofar as it relates to withholding of back wages.