EMPLOYERS IN RELATION TO THE MANAGEMENT OF KARGALI COLLIERY Vs. WORKMEN REPRESENTED BY AREA SECRETARY

JUDGEMENT

(1.) ONE Francis Xavier Xess (since deceased) was originally working as General Mazdoor Category -l in the Central Workshop, Barkakana of M/S. Central Coalfields Ltd. (CCL for short). He fell ill and requested for appointment of his sister, Miss Augustina Xess, so that she may look after him. On his request, the Workman Miss Augistina Xess was appointed in the year 1991. After some time, the charge was levelled by the Management against her that she obtained employment by committing fraud.

(2.) IN the departmental proceeding, it was held that the Workman Miss Augistina Xess secured employment by committing fraud and for that she was removed from service w.e.f. 25th February, 1993. The Government of India, Ministry of Labour, in exercise of power conferred upon them under Section 10(1)(d) of the I.D. Act, 1947, referred the following dispute to the Tribunal for adjudication, vide order dated 22nd April, 1998. Whefher the action of the management of Kargali colliery. P.O. Bermo, Distt. Bokaro in terminating Miss. Augustina Xess from the services w.e.f. 25.2.93 is justified ? If not. to what relief is the workman entitled. ?

(3.) LEARNED counsel for the Management/petitioner submitted that the workman obtained employment declaring her to be only dependant of Late Francis Xavier Xess under clause 9.4.3 of NC.W.A.IV. Subsequently, one lady named Shashikala Shanta Xess, after about six months, brought to the notice of the Management that she is the married wife of Late Francis Xavier Xess and then only it came to the notice of the Management that the workman Miss Augistina Xess obtained employment by committing fraud.