SHYAM LAL B.P Vs. EMPLOYERS IN RELATION

JUDGEMENT

(1.) The appellant is in appeal against the order dtd. 7/3/2018 passed in W.P.(L) No. 6964 of 2012 whereby the award made by the Central Government Industrial Tribunal No.I, Dhanbad in Reference No.43 of 2010 has been set-aside by the writ Court.

(2.) Briefly stated, Shyam Lal B.P was appointed on 20/11/1974 as casual worker in Tapin South Colliery. The appellant faced an enquiry on the allegation that impersonating himself as Shyam Lal B.P who had died on 19/7/1976 he continued to work in his place and thereby committed gross misconduct. A charge-memo was served upon the appellant on a similar allegation indicating therein that the death certificate issued by the Station Officer, Jaijaipur PS, district-Bilaspur, (M.P) confirmed the death of Shyam Lal B.P on 19/7/1976 which was further confirmed by elder brother of the deceased employee and Sarpanch of village Taldeori. In the departmental enquiry against the appellant, G. C. Prasad and U. K. Tripathy tendered materials which were collected by them during the preliminary enquiry by visiting the village of Shyam Lal B.P. A copy of the complaint vide Ext.-ME-1 and the application made for obtaining the death certificate vide Ext.-ME-16 were laid in evidence. The witnesses stated before the enquiring officer as regards statement of the elder brother of Shyam Lal B.P and Sarpanch of village Taldeori who confirmed the death of Shyam Lal B.P on 19/7/1976. During the preliminary enquiry the photograph of the appellant was shown to the elder brother of the deceased employee who affirmed that the same was not the photograph of his brother Shyam Lal B.P and a statement to this effect was made by the management witnesses before the enquiring officer.

(3.) In the departmental enquiry the appellant did not participate inspite of notice issued to him by the enquiring officer on 25/9/1999. The enquiry against the appellant therefore continued ex-parte and a report finding the charges proved against the appellant was submitted by the enquiring officer. Finally by an order dtd. 25/9/2000 the appellant was dismissed from service.