EMPLOYER IN RELATION TO THE MANAGEMENT OF PB AREA OF M/S BCCL Vs. THEIR WORKMAN BEING REPRESENTED BY THE PRESIDENT, RASTRIYA COLLIERY MAZDOOR SANGH, DHANBAD

JUDGEMENT

(1.) IN this petition the petitioner has prayed for quashing the Award dated 31st March, 2011 rendered by the Central Government Industrial Tribunal No.1. Dhanbad, whereby learned Tribunal has held that the action of the Management in not allowing Shri B.K. Prasad Dispatch Clerk to resume his duty w.e.f. 01.12.1983 is not justified and hence the concerned workman is entitled to be reinstated with full back wages w.e.f. 01.12.1983 till the date of his superannuation.

(2.) THE Award has been challenged mainly on the ground that though learned Tribunal has held that the domestic enquiry was fair and proper it has interfered with the punishment order.

(3.) LEARNED counsel for the petitioner referred to and relied on a decision of the Supreme Court in Usha Breco Mazdoor Sangh v. Management of Usha Breco Limited and Anr., reported in (2008) 5 SCC 554. Learned counsel submitted that while recording its finding learned Tribunal has mainly swayed by non -service of second show -cause notice before passing the order of termination/dismissal. But only because second show -cause notice was not issued order of termination/dismissal cannot be held to be illegal. Learned counsel referred to and relied on a decision of the Supreme Court in S.K. Singh v. Central Bank of India and Ors., (1996) 6 SCC 415. He submitted that learned Tribunal has also committed an error in directing reinstatement of the concerned workman with full back wages w.e.f. 01.12.1933 and other consequential benefits till the date of his superannuation. It has been submitted' that the full back wages cannot be awarded unless the concerned workman stated on record that he was not gainfully employed elsewhere.