EASTERN COALFIELDS LTD. Vs. LACHMAN BHUIYA

JUDGEMENT

(1.) Eastern Coal Fields Limited (hereinafter referred to as "management") filed this writ petition challenging the award dated April 17, 2013 passed by the Presiding Officer Central Industrial Tribunal can Labour Court, Asansol (for short "the Tribunal") in Reference Case no. 18 of 2004. By the impugned award, management was directed to reinstate the workman i.e., the respondent no. 1 herein from the date of dismissal that i.e., 18/20/5/1999 with stoppage of two increment and to withhold 50% back wages.

(2.) In exercise of powers conferred by Clause (d) of Sub-sec. 1 and Sub-sec. 2(A) of Sec. 10 of the Industrial Disputes Act, 1947 (for short "the ID Act"), the Government of India vide order dated February 25, 2004 referred the dispute as to whether the action of the management in dismissing Sri Lachman Bhuiya from service vide letter dated 18/20/5/1999 is legal and justified for adjudication by the Tribunal. Tribunal upon receipt of the order dated February 25, 2004 initiated the Reference Case no. 18 of 2004 and issued notices to the respective parties.

(3.) The case of the union in the written statement filed before the Tribunal is that the workman was a permanent employee of the company. He absented from his duty with effect from December 18, 1998 due to sickness and being declared fit he reported to the management but he was not allowed to resume his duty. The workman was informed that his service has been terminated. It is the further case of the union that in spite of the fact that the workman kept informed to the management about his sickness, even then he was chargesheeted for alleged unauthorised absence from duty. The workman was not served with the copy of the chargesheet, notice of enquiry and the principles of natural justice was denied to him and it was contended that he was illegally and unlawfully dismissed from service by the management. He accordingly prayed for reinstatement in his service with all consequential benefits arising therefrom with effect from the date of his dismissal.