SANDUR MANGANESE AND IRON ORE LTD Vs. NARAYAN

JUDGEMENT

(1.) The petitioner is in the business of mining operations. The respondents joined the services of the petitioner company initially as mine workers, and were later promoted as drillers and thereafter as tractor drivers, in the year 1982. That the respondents have been in the services of the petitioner company for almost 25 years as on the date of their dismissal. It is the case of the workmen that on 09.05.1997, they were all called to the Sandur Police Station on the pretext of a clarification that was sought for. They were detained in the police station on false charges that they are involved in a theft case. They were produced before the Judicial Magistrate. Thereafter, they were released on bail. A false case was foisted upon the workmen, on the allegation that some workmen were moving suspiciously with a gunny bag on 17.06.1997 and they were apprehended by the police along with some materials goods which were identified as the goods belonging to the Management. Though the workmen had nothing to do with the so-called seized goods and no complaint was lodged to the police by the Management, they were kept in custody by the police from 09.06.1997 to 17.06.1997. On trial, by the judgment dated 09.09.1999, the workmen were acquitted.

(2.) However, in the interregnum the Management issued a charge-sheet against the workmen alleging theft of certain articles. On denial of the charges, a domestic enquiry was ordered. The Enquiring Officer submitted his finding, that they were guilty of the charges. The Disciplinary Authority accepted the finding of the Enquiring Officer, while imposing the punishment of dismissal of the workmen.

(3.) Thereafter, an appeal was filed before the Tribunal for setting-aside the impugned dismissal order seeking reinstatement, back-wages and continuity of services, etc. The Tribunal by the impugned order set aside the enquiry report had directed the petitioner to reinstate the workmen with 50% backwages from 01.02.2001 till the date of reinstatement along with continuity of services and all other retiremental benefits. Aggrieved by the same, the Management has filed the present petition.