ALIJAN MIAN Vs. BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) Heard Mr. R. A. Chamaria, learned counsel for the petitioner and Mr. A. K. Mehta, learned counsel for the respondent.

(2.) This application is directed against the Award dated 25.08.2004 passed by the learned Presiding Officer, Central Government Industrial Tribunal No. 2, Dhanbad (hereinafter referred to as the 'Tribunal') in Reference Case No. 140 of 1995 by which the reference has been answered in favour of the management by holding that the action of the management of Bararee Colliery in dismissing Shri Alijan Mian, Mason from the service is justified and hence the concerned workman is not entitled to get any relief. A further direction has been sought for upon the respondent to reinstate the petitioner in service with full back wages and other consequential benefits.

(3.) The petitioner who was in service in Bararee Colliery as a Mason on compassionate ground was issued a charge-sheet on the allegation that he had committed a serious misconduct under the Certified Standing Order of the Company. An inquiry was conducted and since the charges were proved, the petitioner was dismissed from service vide letter dated 20.09.1993 issued under the signature of the Project Officer, Bararee Colliery. An industrial dispute was raised and on failure of conciliation proceeding, by virtue of notification dated 18.10.1995, the Central Government Ministry of Labour had referred the dispute for adjudication to the tribunal and the terms of reference are as follows: