MANAGER (IN Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) The subject matter of challenge, is the award dated 28.7.2006, passed by the learned Labour Court, Dibrugarh, in Reference Case No. 6/2004, directing reinstatement of the respondent-workman with 50% back wages from the date of his suspension.

(2.) I have heard Mr. A. Thakur, learned Counsel for the petitioner.

(3.) The petitioner's account of the facts leading to the reference, is indispensably essential. The petitioner is the Manager (In-charge) of the Kuhum Tea Estate, owned by M/s. Barooah & Associates Pvt. Limited, having its registered office at Jorhat. The respondent-workman, who was engaged as Men Mohorar in the tea estate, was suspended on 13.1.2000 on the charge of gross-misconduct and thereafter, charge sheeted on 17.3.2001 and 15.10.2001, on the imputation of habitual absenteeism and for not occupying the tea garden quarter in spite of repeated directions. He was also arraigned for making false and baseless allegation of assault against the Manager of the tea estate. On receipt of the charge sheet, the respondent-workman, submitted his reply and the same not having been construed to be satisfactory a domestic inquiry was initiated. After some initial defaults, the workman participated therein. Both sides adduced oral and documentary evidence. The respondent-workman was provided all reasonable opportunities for defending the charges. Eventually, the inquiry officer on the basis of the evidence on record held the charges to be proved. The management on a careful scrutiny of the materials available, dismissed the respondent-workman from service with effect from 1.06.2002. An industrial dispute having been raised following the failure of the conciliation proceedings, the Government of Assam, referred the same for adjudication by the Labour Court, Assam, Dibrugarh. The terms of reference were as hereunder: