(1.) BOTH the writ petitions are directed against the same award passed by the Central Government Industrial Tribunal-cum-Labour Court, Chennai (for short, "the CGIT") in I.D.No.417 of 2001, dated 5.6.2006.
(2.) W.P.No.736 of 2008 is filed by the Management of M/s.Tamil Nadu Magnesite Limited challenging that portion of the award wherein and by which the CGIT granted relief of reinstatement with continuity of service and other attendant benefits and W.P.No.23508 of 2008 is filed by the workman challenging that portion of the award wherein and by which he was denied the back-wages for the aforesaid period. The first writ petition was admitted on 9.1.2008 and the second writ petition was admitted on 25.9.2008.
(3.) IT is the case of the workman that he joined the service of the management during the year 1971. He was transferred from the Mines Section to Auto Garage Section as Mazdoor. IT is the stand of the management that the workman misbehaved with the Mines Manager when he was discussing certain issues with the workmen and Foreman. The workman was placed under suspension and a chargesheet was given to him on 16.3.1994. He submitted his explanation on 18.3.1994. A domestic enquiry was conducted against the workman. IT is upon the findings of the Enquiry Officer dated 15.4.1994 the workman was dismissed from service after issuing a show cause notice.