WORKMAN BEING REPRESENTED BY PRESIDENT KRISHNADEO PRASAD YADAV Vs. EMPLOYER IN RELATION TO THE MANAGEMENT AT KUSUNDA AREA OF BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) The instant letters patent appeal has been filed by a Union known as National Colliery Congress on behalf of one workman namely Lalchand Gope (hereinafter to be referred as 'Workman'), a Night Guard posted in Industry Colliery against whom a criminal case under Sections 379/411 I.P.C. was registered in February, 1994 on the allegation that he was caught stealing one piece of cable by a personnel of CISF. Simultaneously, departmental proceedings were also initiated against him in which ultimately the disciplinary authority passed an order of dismissal from service on 2nd of November, 1994. The workman got acquittal in a criminal case vide judgment dated 25th of February, 1999 of Judicial Magistrate, Dhanbad, copy thereof is available on the memo of appeal as Annexure-1. Thereafter, the Union, on his behalf, raised an industrial dispute (Reference No.280 of 2000) in which Presiding Officer of the Central Government Industrial Tribunal No.I, Dhanbad, considering the gravity of misconduct committed by the workman and keeping in view the proportionality of the punishment to be awarded to him, passed an award in the following terms :-

(2.) Being aggrieved of the said award, management of Kusunda Area of M/s B.C.C.L. (for short 'employer') knocked at the door of the Writ Court through the medium of W.P.(L) No.6002 of 2009 which stands allowed by the learned Writ Court vide impugned order dated 28th of April, 2015. Aggrieved of the said order of learned Writ Court, the workman has now filed the instant letters patent appeal, which is at admission stage. However, with the consent of learned counsel for both the sides, we have taken it on board for its final consideration.

(3.) Heard learned counsel for both the sides.