MANAGEMENT OF WEST BOKARO COLLIERY OF TISCO LTD Vs. PRESIDING OFFICER CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) In this writ petition, the petitioner, namely Management or West Bokaro Colliery of M/s. Tata Iron and Steel Co. Ltd., challenged the Award of the Presiding Officer, Central Government, Industrial Tribunal, Dhanbad, in Reference Case No. 191 of 1990. By the aforesaid Award the Tribunal directed the Management to reinstate the workman retrospectively with effect from the date of his dismissal and also for payment of 50% of his back wages including allied benefits from the date of his dismissal till the date he is reinstated in accordance with the Award.

(2.) The facts of the case which gave rise to the instant case are as follows: In the month of February, 1986, respondent No. 2, workman under the petitioner was charge-sheeted by levelling the following allegations:

(3.) In response to the above charge the workman submitted his explanation denying the charges and stating that he was not present at the time of occurrence as he was working as driver in Washery No. 1 for which second shift was from 3.p.m. to 11 a.m. The workman further explained that on that date he reported to duty at 3 p.m. and stated that at about 4 p.m. he came to know that his cousin Fuleshwar Mahto was killed by Security Guard. In the explanation, the workman further submitted that he was made an accused for the murder of Havildar (Rameshwar Prasad Singh) in which he obtained bail from the Court. The workman further claimed that since the case was pending on the similar charge, it would not be proper to hold domestic enquiry till the pendency of the case as the departmental enquiry would put hurdle in the case pending in the Court. A prayer was made to postpone the domestic enquiry till the disposal of the case in the Court of Sessions.