(1.) This writ petition is directed against the judgment and award dated March 19, 2002 passed by the Labour Court, Assam at Guwahati in reference Case No. 13/1999 by which while holding that the dismissal of the workmen concerned was not justified, direction has been issued to reinstate the said workmen with full back wages. Be it stated here that two workmen involved were dismissed from service w.e.f. March 5, 1999.
(2.) The petitioner is a Tea Estate situated at Golaghat and is owned and managed by a Company registered under the Companies Act. Two of its workmen, namely Shri Benudhar Tessa and Shri Mubarak Ali, were dismissed from service w.e.f. March 5, 1999 pursuant to domestic enquiry relating to the charge of theft of one bag of tea weighting about 30 kg. from the factory of the Tea Estate. Being aggrieved by such dismissal of the workmen, the Union represented by its Secretary raised an industrial dispute and in consideration of the same, the Government of Assam in Labour and Employment Department referred it to the Labour Court vide notification dated November 26, 1999. The reference was as follows:
(3.) On receipt of the aforesaid notification, the learned Labour Court, Dibrugarh registered the Reference Case No. 20/99 and thereafter issued notice to both the parties to submit their written statement. In response to the said notice, both the parties submitted their written statement. In the proceeding before the learned Labour Court, the Management examined five witnesses and the two workmen involved examined themselves in support of their case. It will be pertinent to mention here that the Management being not satisfied with the reply furnished by the Management against the charges levelled against them, conducted a domestic enquiry and in the enquiry the charge against the workmen was established. The order of dismissal followed thereafter.