EMPLOYERS IN RELATION TO MANAGEMENT Vs. THEIR WORKMEN

JUDGEMENT

(1.) The petitioner has prayed for quashing the award dated 17 th May, 2010 rendered by learned Central Government Industrial Tribunal No.1, Dhanbad in Ref. No.40 of 2003, whereby the reference made to the Tribunal has been answered in favour of the concerned workman, namely, Sukhdeo Nonia, directing his reinstatement with 50% back wages from the date of dismissal to the date of reinstatement.

(2.) The impugned award has been challenged by the petitioner on the ground that the learned Tribunal has not properly appreciated the materials available on record and has also not taken into consideration that once the domestic enquiry has been held to be fair and proper there was no scope for interference by the learned Tribunal. It has been stated that in the domestic enquiry, concerned workman was found guilty of impersonation and he was found working in place of one Biraj Nonia. The Enquiry Officer after due enquiry found the charges proved. During pendency of the case, learned Tribunal decided as preliminary issue and held that the same was fair and proper. Once it is held that the domestic enquiry was fair and proper, learned Tribunal has, thereafter, no jurisdiction to arrive at a conclusion contrary to the finding recorded in the domestic enquiry.

(3.) I have heard learned counsel for the petitioner and considered the facts and materials on record. On perusal of the impugned award, I find that the learned Tribunal has discussed all the relevant facts and evidence on record and after due discussion and consideration has answered the reference in favour of the concerned workman.