EMPLOYERS IN RELATION TO THE MANAGEMENT OF N.K. AREA OF M/S. CENTRAL COALFIELDS LTD. Vs. WORKMAN NIZAMUDDIN ANSARI

JUDGEMENT

(1.) The petitioner has prayed for quashing the award dated 5.5.2006 rendered by the Central Government Industrial Tribunal No. 1, Dhanbad In Ref. No. 65 of 1994, whereby the learned Tribunal has answered the reference against the Management, directing reinstatement of the concerned workman with 50% back wages. The short fact of the case is that the concerned workman- Nizamuddin Ansari was posted as Security Guard in Regional Stores, N. K. Area of Central Coalfields Limited. On 20/21st July, 1989 Patra Shamad, Dashrath Dusadh, Ranjit Singh and Masiah Munda, Security Guards, were also on duty in the regional Stores from midnight till 8.00 a.m. of the following day. One of the Security Guards, namely, Ranjit Singh at about 1.15 a.m. observed that one thief with Khakhi dress entered in the Regional Store. He whispered to other fellow guards and they all became cautious. They closely observed and found that there are several persons and Nizamuddin Ansari-concerned workman was one among the thieves. Ranjit Singh Informed the same, on telephone,-to the security guards posted at the G.M. Office, One R.K. Singh Havildar came there with Security Guards of G.M. Office, but by that time, the thieves had already fled away. Patra Shamad then lodged first Information report to the police, narrating the incident. Case was registered on that basis. Action was also taken departmentally. The charge sheet was issued to the concerned workman on 3/7th August, 1989. The workman was put under suspension.

(2.) On completion of the Investigation by the police, charge sheet was filed against the workman and others for attempting to commit theft in the Regional Store, Dakra of Central Coalfields Ltd.

(3.) In the domestic enquiry, the Security Guards were examined and claimed to have identified the concerned workman by 'pose and posture' from a distance of about 70 yards in the night.