LAWS(PAT)-1999-4-11

EMPLOYERS IN RELATION Vs. PRESIDING OFFICER CENTRAL

Decided On April 29, 1999
EMPLOYERS IN RELATION TO THE MANAGEMENT OF GOVINDPUR COLLIERY OF AREA NO III OF B C C L Appellant
V/S
PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO 1 Respondents

JUDGEMENT

(1.) In this writ application, the petitioner has prayed for issuance of an appropriate writ in the nature of certiorari for quashing the award dated 18-12-91 passed by respondent No. 1, Presiding Officer, Central Government, Industrial Tribunal No. 1 Dhanbad in reference case No. 64/89.

(2.) It appears that by order dated 24th May, 1989, the Central Government in the Ministry of Labour referred the following dispute for adjudication to the Tribunal:

(3.) The case of the management is that on 11-5-83 at about 11 a.m. a mob of about 200 persons, armed with deadly weapons, committed several acts of violence on the person of Sri H.N. Tripathy, General Manager of Barora Area. The said mob abused Sri Tripathy and threatened him. with dire consequences within the precincts and premises of his office at Barora. The said mob committed various acts of mischief and caused damage to valuable properties belonging to H.N. Tripathy and the management. Ramanand Singh, a workman of the management of M/s. B.C.C. Ltd. posted at the relevant time at Kharkharee colliery of Govindpur Area, was a member of the above violent mob ; he led the violent mob, committed various acts of violence and mischief, instigated and incited the mob to commit various acts of violence, mischief and subversive of discipline.