TATA IRON AND STEEL Vs. WORKMAN

JUDGEMENT

(1.) The petitioner has approached this Court for quashing the Award dtd. 19/6/14 passed by the Presiding Officer, C.G.I.T. No.2, Dhanbad in Reference No.20 of 2004 whereby and whereunder he has been pleased to answer the Award in favour of the respondent-workman holding therein that the workman concerned is entitled to reinstatement in his service with 50% back wages and its other benefits.

(2.) As per factual matrix, the workman Nirmal Mahto, P. No.221136 was employed in Bhelatand Colliery as a Miner. He was appointed by the petitioner-Company on the basis that his land measuring a total area of 2.03 acres of Mouza Sijua under Khata No.38 was acquired by the Company and physical possession of the same was taken by the Company. The Company started digging foundation for Sand Bunker and when considerable progress was made, the workman Nirmal Mahto forcefully stopped the Company's work at Plot No. 531 at Bhelatand Mouza and also caused damage to the work in progress. The workman Nirmal Mahto was accordingly charge-sheeted vide charge-sheet dtd. 13/6/2002 and was asked to furnish his explanation. The workman submitted his explanation vide his letter dtd. 20/6/2002 addressed to the Manager, Bhelatand Colliery of the Company. The reply submitted by the workman was not found satisfactory and accordingly an enquiry committee was constituted to enquire into the charges levelled against the workman. Finding the comments of workman not tenable, the order of dismissal was passed on 22/10/2002. The disputebeing raised by the unrecognized Union, conciliation proceeding was initiated and on failure of the conciliation proceeding, the matter was sent to the Central Government and the Central Government vide their order No. L-20012/182/2003-I.R. (C-l) dtd. 14/12/2003 referred the following dispute to the Central Government Industrial Tribunal No.2, Dhanbad for adjudication:

(3.) Upon receipt of the notification, both the parties were noticed and the parties appeared and filed their respective pleadings and the documents in support of their case. The learned Central Government Industrial Tribunal No.2, Dhanbad after hearing the parties and perusing the evidences and documents brought on record, vide its Award dtd. 19/6/2014 answered the reference in favour of the respondent-workman holding therein that: