TARAKESWAR NUNIA Vs. COAL INDIA LIMITED AND OTHERS

JUDGEMENT

(1.) This appeal has been preferred by Tarakeswar Nunia alias Khichuri s/o late H Nunia, Harihat Musiar the workman concern challenging the validity and correctness of the impugned award passed by the Central Government Industrial Tribunal Cum Labour Court, Asansol in Reference No.59 of 1999. The order of reference to the Central Government Industrial Tribunal Cum Labour Court aforesaid reads as follows :

(2.) The facts of the case are that the workman was working as under ground loader at Dhamonian colliery mentioned in reference order. He was issued Charge sheet dated 11.04.97 under Sub clauses 17(i)(e)(c) and (r) of Section 17 of the Model Standing Order for molestation of Miss Rs. D.' another co-worker (hereinafter referred to as the victim) and for his attempt to rape her on the said date at about 2 p.m. She also was working in the colliery as piece-rated Kamin and was on duty when the incident. The incident was witnessed by several other co-workers at the place of occurrence took place.

(3.) The incident was narrated by the victim to many people saying that she was very ashamed by this act of Khichuri Nunia of outraging her dignity. She also told about the incident to her office agent as she could make out what to do in the circumstances.