WORKMAN OF SENDRA BANSJORA COLLIERY UNDER SIJUA AREA OF BCCL Vs. EMPLOYERS IN RELATION TO MANAGEMENT OF SENDRA BANSJORA COLLIERY THROUGH GENERAL MANAGER SIJUA AREA NO.V OF BCCL

JUDGEMENT

(1.) THIS writ application is directed against the award dated 21.8.1995 passed by the learned Presiding Officer, Central Government Industrial Tribunal No. 1, Dhanbad in Reference Case No. 83 of 1990 whereby and whereunder he held the dismissal of the petitioner as justified and accordingly observed that he would not be entitled to any relief. Consequently the petitioner has prayed for quashing of the aforementioned award which has been made Annexure 4 to the writ application and has also prayed for a direction upon the respondents to reinstate him in service together with all consequential benefits.

(2.) THE petitioner is the concerned workman, namely Sudama Das and upon a complaint lodged by one Keshri Devi, wife of one Sudama Ravi Das (said to have died on 26.1.1973, at Sadar Hospital in Bihar Sarif), he was charged for having impersonated the latter (i.e. Sudama Ravi Das). He was further charged for having entered into service in his place whereafter he got himself transferred to Sendra Bansjora Colliery. On detection, he was stopped from duty by letter dated 20.8.1981 and a first information report was also lodged against him. A dispute was raised giving rise to Reference No. 18 of 1983. By reason of an award dated 30.6.1984 the workman was ordered to be reinstated in service with all full back wages and liberty was given to the management to hold a regular enquiry and take action after such enquiry if it was deemed fit and proper. According to the petitioner, he was reinstated and thereafter a domestic enquiry was initiated and a charge -sheet dated 24.4.1985 was issued for the self -same allegations but this was not served upon him. Even then the management proceeded with the enquiry despite a prayer for an adjournment and also despite a prayer for stay of the enquiry awaiting the result of the criminal case. However, he was dismissed from service.

(3.) THE case of the Management was that after the death of Sudama Das @ Sudama Ravi Das, one Banshi Mochi who is actually the concerned workman entered into service and also managed to get a transfer to the Sendra Bansjora Colliery.