CENTRAL COAL FIELDS LTD. Vs. DEORAJ BARTIYA

JUDGEMENT

(1.) HEARD counsel for the appellant and counsel for the respondent in detail.

(2.) THE appellant -Management, which was respondent No. 1 CWJC No. 2604 of 1995(R), has challenged the decision of the learned Single Judge therein to the extent it directed the Management to give a decision as to whether, notwithstanding the earlier Award passed by the tribunal it would still like to proceed further and only thereafter to proceed to deal with the merits of the charge issued by the Management.

(3.) THE learned Single Judge set aside the punishment imposed by the management on the ground that the relevant enquiry report, inspite of demand in that behalf, was not handed over to the workman (the respondent herein) and observed that it was open to the Management to proceed with the matter in accordance with the directions of the learned Single Judge as contained in Paragraph 7 of the judgment, as supplemented by the observations/ directions contained in Paragraph 8 of the judgment. If is submitted that pursuant to the direction of this Court, the enquiry report was made available to the workman, though he had not yet filed objections to it.