EMPLOYERS IN RELATION TO MANAGEMENT OF DAMODAR COLLIERY OF BCCL Vs. PRESIDING OFFICER, CENTRAL GOVT.INDUSTRIAL TRIBUNAL NO.1

JUDGEMENT

(1.) THIS appeal under Clause 10 of the Letters Patent Appeal is directed against the judgment dated 11.5.1998 passed in CWJC No. 839 of 1991(R) whereby the learned Single Judge dismissed the writ application and affirmed the award passed by the Central Government Industrial Tribunal. Dhanbad.

(2.) IT appears that appellant, namely, Damodar Colliery of M/s. BCCL dismissed the concerned workmen, namely, Gopal Chamar and Uma Chamar after holding a domestic enquiry on the charges of misconduct by assaulting and abusing the superior while on duty within the colliery premises. After dismissal order passed by the Management, an Industrial Dispute was raised and finally the dispute was referred to the Tribunal in Reference Case No. 75 of 1984. The Tribunal after holding the domestic inquiry as improper allowed the parties to lead evidence before him. The Tribunal after considering the entire evidence recorded a finding that the charges levelled against the concerned workmen was not proved. Accordingly the Tribunal passed an award directing the Management to reinstate the workmen with full back wages. The said award was challenged by the appellant -Management in CWJC No. 839 of 1991 (R) which was dismissed by the impugned order.

(3.) FOR the respondents reason we are not inclined to interfere with the award passed by the Tribunal and the impugned judgment passed by the learned single Judge. This appeal is dismissed.