SHAMIM BANO Vs. THE MANAGER

JUDGEMENT

(1.) With consent of learned counsel for the parties, the matter is finally heard.

(2.) Appointed in 1973 in Eklehra Colliery the petitioner was promoted as Trammer and as Clipman-IV. That while posted at Gajandoh Colliery, petitioner was proceeded against with the issuance of charge sheet. The charges levelled against him were that of theft, fraud, dishonesty with employers business and property, culminating in order of dismissal which led the petitioner raise an industrial dispute which being not resolved in conciliation resulted in reference to CGIT for adjudication as to 'whether the action of the management of Gajandoh Mine of Western Coal Fields Limited in dismissing the services of Shri Faiyazuddin clipman w.e.f. 11.11.92 is legal and justified? If not, what relief the workman is entitled to?"

(3.) CGIT by order dated 11.08.2014 set aside the domestic enquiry on the finding that no reasonable opportunity of hearing was afforded to the petitioner workman. The respondent management was called upon to prove the misconduct. The management chose to rely upon the evidence led at the time of consideration of the preliminary issue regarding the domestic enquiry. The CGIT found that since the domestic enquiry got vitiated and that misconduct having not been proved held the termination of workman bad. Though it is contended on behalf of the respondent that the CGIT did not consider the evidence on record in right perspective and accepted the evidence of the workman who did not present himself for cross-examination, the fact however remains that the respondent management did not challenge the Award and allowed the same and the findings therein to attain finality. As would give any wings to the contentions in present petition as to correctness of the findings regarding vitiating of the domestic enquiry and the finding regarding misconduct.