EMPLOYEES IN RELATION TO MANAGEMENT OF BHOWRA COKE PLANT OF B.C.C.L. Vs. THEIR WORKMEN BEING REPRESENTED BY JOINT GENERAL SECRETARY, BIHAR COLLIERY KAMGAR UNION

JUDGEMENT

(1.) HEARD

(2.) IN this writ petition, petitioner who is the employer in relation to the management of Bhowra Coke Plant of M/s. Bharat Coking Coal Limited has challenged the Award passed by the Central Government Industrial Tribunal No. 2, Dhanbad whereby the Tribunal has answered the reference against the management holding that the concerned workman Smt. Panchami Mahatine is entitled to her reinstatement with full back wages and consequential relief.

(3.) THE concerned workman is a lady, against whom the charge of theft, fraud or dishonestly in stealing away coal was levelled and also assaulting of the female Security Guards. Charge -sheet was served upon her and the departmental inquiry was initiated by the petitioner -management and on the basis of Inquiry Report she was dismissed from service. Thereafter, a dispute was raised with regard to validity of the dismissal order and the same was referred to the Tribunal for adjudication being Reference Case No. 19/96. Tribunal after considering the facts and circumstances in detail and taking a notice of the fact that the concerned workman and others were acquitted in the criminal charges and held that misconduct has not been proved. Accordingly, dismissal order was set aside and the petitioner was directed to reinstate the concerned workman in service.