EMPLOYEES IN RELATION TO MANAGEMENT OF CAPTIVE POWER PLANT OF MOONIDIH AREA OF BHARAT COKING COAL LTD. Vs. THEIR WORKMEN REPRESENTED BY JANTA MAZDOOR SANGH BIHAR BUILDING

JUDGEMENT

(1.) HEARD Mr. A.K. Mehta learned counsel for the petitioner and Mr. S.K. Ughal, learned counsel for the respondents.

(2.) THE allegation against the concerned workman (General Mazdoor of Captive Power Plant under Moonidih Area of M/s. BCCL Ltd.) is that he entered the security office of the Moonidih Area and abused one Shri Ram Deo Rai in filthy language. He also caught hold of his collar which was consequently torn and then he assaulted Shri Ram Deo Rai, as a result of which the latter had to be hospitalised for pain and fever. The finding of the Presiding Officer, Central Government Industrial Tribunal (No. 2), Dhanbad after having looked into the evidences and records was that there was absolutely no occasion to interfere with the findings recorded by the Enquiry Officer. However, in the matter relating to quantum of punishment the Presiding Officer ordered as follows : - -

(3.) IN that view of the matter, while upholding the finding of the Presiding Officer and while upholding his Award to the effect that the punishment of dismissal was disproportionate, this Court, however, modifies the Award only to the extent that the management will now have complete liberty and freedom to consider as to what other lesser punishment they would like to inflict upon the respondent No. 2.