SAJJAD KHAN Vs. BHARAT COKING COAL

JUDGEMENT

(1.) In view of outbreak of COVID-19 pandemic, case has been taken up through Video Conferencing. Concerned lawyers have no objection with regard to the proceeding, which has been held through Video Conferencing today at 10:30 a.m. onwards. They have no complaint in respect to the audio and video clarity and quality.

(2.) The petitioner has approached this Court for quashing of the Award dated 25/6/9 passed in Reference Case No 03/97 by the C.G.I.T.No.l whereby and whereunder the reference made by the Central Government has been awarded in favour of the Management.

(3.) As per factual matrix, the petitioner was appointed in the year 1992 as Fitter at Moonidih Project under clause 9.4.2. under NCWA after death of his father Akbar Khan, who was a permanent employee in Sijua Area in the Office of M/s B.C.C.L. After joining the service, the petitioner was charge-sheeted for submission of fake certificate, resulting, suspension in Feb., 1992. On the basis of the charge-sheet issued against the petitioner a purported departmental proceeding was initiated and in that course the petitioner had made a request to Enquiry Officer to get the matter enquired into by the Joint Secretary, Vigilance, Bihar School Examination Board but the Management did not do the same in spite of fact that the Enquiry Officer had suggested the Management to get the matter enquired into by the Vigilance. The petitioner was not given any information to know as to why the Management deferred with the Enquiry Officer and ultimately petitioner-workman was dismissed from the service vide letter dated 22/23/7/92. Hence, the petitioner-workman approached the Central Government and the Central Government vide its order dtd. 18/12/1996 referred the following dispute to the Central Government Industrial Tribunal No. I, Dhanbad for adjudication: "Whether the action of the Management of Moonidih Project of M/s B. C. C.L. in dismissing Shri Sajjad Khan from service is justified ? if not, to what relief is the said workman entitled.