INDUSTRY WEST ENA COLLIERY Vs. CENTRAL GOVERNMENT INDUSTRIAL

JUDGEMENT

(1.) This is an application under Articles 226 and 227 of the Constitution to quash the award of the Central Government Industrial Tribunal, dated 19 October 1966 (annexure D), directing the reinstatement of Dr. M. Hazra (respondent 3) and granting other consequential reliefs.

(2.) Dr. M. Hazra who was the medical officer of the employer -petitioners' company, was charge sheeted on 9 August 1963, for granting a false certificate to a colliery worker named Budhan Mandal, miner, and allowing him to resume his duties on 7 August 1963, after a period of two months when he was absent from his duty by making him Bick for the above period (annexure A). He was further charged for getting the sick register manipulated through Sri G. Mazumdar, trainee -compounder, by compelling him to enter the name of Budhan Mandal in the sick register. Thereafter, he replied to the management on 10 August 1963 (annexure B), denying the charges and stating therein that Budhan Mandal reported himself sick on 5 June 1963, and periodically he took medicines from the dispensary as per his prescription and he was advised to take rest. He also repudiated the fact that he snatched away the sick register from the compounder and compelled him to enter the name of Budhan Mandal in the register. The management entrusted the enquiry of the charges against the doctor to Sri V.N. Pathak, labour welfare officer, who held the enquiry in the presence of Dr. Hazra, the concerned workman, and recorded the statement of Dhanpati Dutta, compounder, Gangadhar Mazumdar, the trainee -compounder, Muslim Mian, Bupan Turl and Budhan Mandal. Dr. Hazra did not cross -examine the witnesses save and except Budhan Mandal. He also made statement reiterating his previous statement which he made in his reply dated 10 August 1963. It may he noted here chat he never objected to the enquiry being held by Sri Pathak on any ground whatsoever. After enquiry Sri Pathak found the concerned workman Dr. Hazra guilty of the charges levelled against him and as such he held that he was guilty of misconduct, Hence, he recommended for the termination of the cervices of Dr. Hazra in his enquiry report dated 30 August 1963. Thereafter, the manager of the petitioners' company sent a letter to the director of the company stating therein that the charges against Dr. Hazra had been proved and recommended for termination of his service with wages in lieu of one month's notice instead of dismissing him from the service as a special case and sought for approval of the same. The director approved the recommendation of the manager terminating the services of Dr. Hazra by his letter dated 10 October 1963. The manager wrote a letter on 11 November 1963 to Dr. Hazra informing him that his services had been terminated with immediate effect and that he was requested to collect all his dues from the company.

(3.) The Colliery Mazdoor Sangh, Dhanbad (respondent 2), took up the cause of Dr. Hazra and raised an industrial dispute. An abortive conciliation proceeding followed which led to the present reference (being Reference No.36 of 1964) by the Central Government under Section10(1)(d) of the Industrial Disputes Act, 1947. The question referred for the decision of the Central Government Industrial Tribunal, Dhanbad, was as follows: Whether the management of Industry of West Ena Colliery (East Industry Colliery Company) (Private), Ltd. was justified in terminating the services of Dr. M. Hazra, medical officer of the colliery, by their letter dated 11 November 1963? If not, to what relief is the workman entitled?