EASTERN COALFIELDS LTD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The petitioner, which is the Management of the Eastern Coalfields Ltd., has assailed the Award dated-01st September, 2003, passed by the Central Government Industrial Tribunal [No. 2], Labour Court, Dhanbad, in Reference Case No. 126 of 1997 whereby the Tribunal has sought to answer the terms of reference against the Management.

(3.) The concerned workmen, who were the employees under the Management were dismissed from service on the charge that they had assaulted their senior officer, in course of discharge of their duties. Against the order of dismissal, the workmen moved the Calcutta High Court by filing a writ application. A Single Bench of the Calcutta High Court, while disposing of the writ application, quashed the order of dismissal of the concerned workmen with liberty to the Management to initiate a fresh disciplinary proceedings after serving charges on the workmen. The Management, being aggrieved, filed an Appeal against the judgment of the Single Judge. A Division Bench of the Calcutta High Court, upon considering the grounds, affirmed the order of the Single Bench, whereby the order of dismissal was quashed, but had modified the order of the Single Judge by quashing the later portion and directing the Labour Court to decide upon the misconduct of the concerned workmen, instead of, allowing the Management to conduct a fresh enquiry against the workmen. It appears that hereafter, an unusual turn took place in as much as, a fresh reference was made by the Central Government to the Labour Court by order dated-10th November, 1997 in the following terms.