THE MANAGEMENT OF SARGIPALLI MINES PROJECT OF HINDUSTAN ZINK LTD. Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL,ORISSA, BHUBANESWAR AND ANOTHER

JUDGEMENT

(1.) The award dated 1st February,1994 passed by the Industrial Tribunal, Orissa, Bhubaneswar in Industrial Dispute Case No.17 of 1990(Central) is under challenge, whereby and where under order of dismissal has been reversed with the order of reinstatement in service with 50% back wages to be paid by the Management to the workman and punishment of withholding of one increment when his next increment falls due has been inflicted.

(2.) Brief facts of the case is that the workman who was working as Helper under the Management of Sargipali Mines Project of Hindustan Zink Limited faced departmental proceeding on the allegation of committing theft of a steel sheet, crow bar and some other articles from the Mines premises. An officer of the Mines who was enquiring into the charges having found him guilty submitted a report whereupon the management discharged him from service, this action of the Management is under challenge in Reference which has been answered by the Industrial Tribunal which is under challenge in this writ petition.

(3.) Learned counsel representing the workman has submitted that the Industrial Tribunal has passed the award after taking into consideration o f the fact that this was the first instance having no criminal antecedents that too article worth of meager amount was stolen, taking into consideration this aspect of the matter the Labour Court came to conclusion that the punishment imposed is disproportionate to the gravity of the allegations and as such order of dismissal has been reversed to the order of reinstatement with 50% back wages. It has further been submitted that the Industrial Tribunal after taking into consideration the judgment rendered by Hon'ble Gujarat High Court in the similar situation has passed order and hence same has got no infirmity.