EMPLOYERS IN RELATION TO THE MANAGEMENT OF KUSTORE AREA OF B.C.C.I Vs. THEIR WORKMAN BEING REPRESENTEDBY N.G.ARUN

JUDGEMENT

(1.) In this writ petition, the petitioner has challenged the award dated 15.9.2008 (Annexure-4) rendered by learned Central Government Industrial Tribunal No. 1, Dhanbad in Reference Case No. 310/2000 whereby learned Tribunal has answered the said reference against the Management directing reinstatement of the concerned workman in service holding him entitled to get 75% back wages from the date of his dismissal till the date of superannuation. The said reference was a result of a dispute between the concerned workman-respondent and the Management-petitioner arising out of an allegation that the concerned workman (Basdeo Kumhar) is an employee of M/S Bharat Coking Coal Limited, but he was being impersonated by one Ram Janam Yadav.

(2.) The short fact of the case is that Basdeo Kumhar was appointed in the service of the respondents on 17.10.1971 as Night Guard. He was working as such in Burragarh Colliery. An imposter, namely. Ram Janam Yadav somehow started working in the name of Basdeo Kumhar. When the said fact was detected by the Management, Basdeo Kumhar was asked to produce the certificate to establish his genuineness. The workman did not submit any document. The concerned workman was called upon to produce certificate on 2.1.1992, but he again failed to do so. The Management, thereafter, issued a charge-sheet to the concerned workman by Letter No. 41 dated 16.1.1992 imputing the charges of wilful in-subordination/disobedience of lawful order of higher authority and giving false information regarding his particulars for the purpose of employment concealing the facts of the previous employment, age and other particulars required by the Company. The charge-sheet was issued under the provisions of Clause 26.1.10 and 16.1.12 of the Certified Standing Orders of the company. On receipt of the charge-sheet, the concerned workman submitted his written explanation. The same was not found satisfactory and the Management decided to conduct domestic enquiry into the charges. In the meanwhile, one K. B. Singh, the then Security Inspector, Bhalgora Area, was also asked to conduct a confidential enquiry in order to ascertain the correctness of the identity of Basdeo Kumhar. After enquiry, the report was submitted confirming the allegation that Basdeo Kumhar was being impersonated by Ram Janam Yadav. In the domestic enquiry, the Management examined K. B. Singh as M.W. Opportunity was given to the concerned workman to cross-examine the witnesses of the Management and led his own evidence. The concerned workman took part in the enquiry and put his L.T.I. on the papers of the proceeding. The enquiry officer, thereafter, submitted enquiry report and on the basis of the said report, the disciplinary authority, by order contained in Letter No. BCCL/BA/BGH/92/ Dismissal/1194 dated 18.11.1992, dismissed the concerned workman.

(3.) Aggrieved by the said order of dismissal, the concerned workman raised an industrial dispute through the Union. On failure of conciliation, a report was submitted to the appropriate Government and appropriate Government by its order dated 18.10.2000 referred the dispute to learned Tribunal in the following manner;