EASTERN COALFIELDS LTD. Vs. JANTA BAURI

JUDGEMENT

(1.) The present writ petition has been filed, inter alia, challenging the award dtd. 1/12/2009 passed by the Central Government Industrial Tribunal cum Labour Court at Asansol, West Bengal.

(2.) The petitioner is a Government Company within the meaning of Companies Act, 1956. In usual course, the petitioner had appointed one, Gobardhan Bauri (hereinafter referred to as the "workman") as an underground loader at Manoharbahal Colliery of the petitioner. Since, the workman had unauthorisedly absented himself from his duty from 23/4/2001 to 23/11/2001, a charge sheet dtd. 23/11/2001 was issued for his unauthorized absence. According to the petitioner, an enquiry officer was appointed to enquire into the charges levelled against the workman. Since, the workman did not appear before the enquiry officer, the enquiry was held ex parte and the enquiry officer had given a report as regards the findings of the enquiry on 26/2/2003, holding that the charges levelled against the workman stood proved.

(3.) The General Manager, Salanpur Area, as the Disciplinary Authority after going through the enquiry report submitted by the enquiry officer and while concurring with the findings of the enquiry officer, by an order dated 18/20/3/2003 had dismissed the workman with immediate effect. At the instance of the workman, through the concerned union, a conciliation proceeding was initiated and ultimately, the conciliation having failed, by an order dtd. 28/12/2006, the Central Government as the appropriate Government was, inter alia, pleased to refer the disputes between the parties in exercise of powers conferred under clause (d) of sub- Sec. (1) and sub-sec. (2A) of Sec. 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as the "said Act"), for adjudication to the Central Government Industrial Tribunal-cum- Labour Court at Asansol, West Bengal, by framing the following issues:-