BEHALI TEA ESTATE Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant writ petition has been filed challenging the Award dtd. 6/7/2010 passed in Reference Case No. 5/2008 whereby the learned Labour Court directed that the workmen who were dismissed from service by the Management of the Petitioner Tea Estate be reinstated and paid 50% of the back wages.

(2.) The facts involved in the instant proceedings are that on 4/9/2004 at 7.45 AM to 9 PM there were certain obstructions being caused by the delinquent workmen for which the other workmen could not attend their duties within time. It is under such circumstances, on 8/11/2004, the Manager of the Petitioner Tea Estate issued two separate chargesheets against the two delinquent workmen namely Smti Sibani Lagun and Smti Marium Lagun.

(3.) It appears that pursuant to the said chargesheets being issued, an Enquiry Officer was appointed to enquire into the charges levelled against those two delinquent workmen. At this stage, it is relevant to take note of that both the delinquent workmen were charged with the following charges :-