EMPLOYEES IN RELATION TO MANAGEMENT OF HINDUSTAN COPPER LIMITED Vs. PRESIDING OFFICER CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO 1

JUDGEMENT

(1.) The Central Government referred the following dispute under Sub-section (2-A) of Section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) to the Central Government Industrial Tribunal No. 1, Dhanbad (hereinafter referred to as the Tribunal). "Whether the management was justified in awarding punishment of dismissal from service of Shri Madhesh Sharma, Ex-Male Mazdoor B. No. 705 for absenting from duty for more than 10 consecutive days without leave for the first time? If not, to what relief the workman is entitled?" The Tribunal answered the reference in favour of the workman declaring the termination of his services as bad and the workman was accordingly, directed, to be reinstated with effect from May 6, 1987 with payment of 70% of his wages therefrom till the date of resumption of his duty. Being aggrieved the employer has filed this writ petition.

(2.) In spite of service of notice, counter-affidavit has not been filed by the respondents even though they are represented by their respective counsel.

(3.) I have heard Ms. M.M. Pal, the learned counsel for the petitioner, and Mr. S. Piprewal, learned counsel for respondent No. 2, the workman.