ESSEL MINING & INDUSTRIES LTD. Vs. BARNABAS DANG

JUDGEMENT

(1.) The Management-petitioner being the first party member before the court below, has filed this writ application assailing the award dated 29.6.1998 passed by the Presiding Officer, Industrial Tribunal, Rourkela in I.D.Case No. 59/97-C on the ground that the same is contrary to the settled principles of industrial adjudication and the same has been passed in excess of the jurisdiction conferred under Section 11-A of the Industrial Disputes Act.

(2.) The fact of the case in nutshell is that the opposite party nos.1 and 2 (opp.party no.2 has died in the meantime) being the 2nd party workmen were working under the petitioner-management as Choukidars since 1982. In the month of December, 1992 each of them was issued with charge-

(3.) The first party management-petitioner had stated that on the night of occurrence when the workmen were engaged in guarding the magzine of Surkunda Mines because of their negligence some detonators, copper strips and lightening arrestors were stolen away. The management issued charge-sheet against both the workmen separately and in their explanation, it is stated that in the night of occurrence they were awake up to 11 PM and thereafter both of them fell asleep. On the next date at about 6 A.M. when they woke up after being called by Kanhu Naik and T.J.Mohanto, they found the door of the magzine in broken state. They also found that some detonators, copper strips and lightening arrestors were missing therefrom. As the explanation submitted by them were not found satisfactory, the management conducted a domestic enquiry to enquire into the charges. On affording due opportunity and by complying the principles of natural justice, the Enquiry Officer submitted his report to the management holding that the charge is established. On receipt of the enquiry report, the management furnished copies to the workmen to facilitate them for making representation, if any. The copies of the enquiry proceedings along with the exhibits were also furnished to them. Thereafter, the workmen submitted their representations. After going through the enquiry report and the representations made by the 2nd party workmen, the Mines Manager of the petitioner-management concurred with the findings of the Enquiry Officer and dismissed the 2nd party workmen from services of the company with effect from 2.4.1993.