PROJECTS AND DEVELOPMENT INDIA LIMITED Vs. PRESIDING OFFICER

JUDGEMENT

(1.) THIS writ petition has been preferred by the petitioner - Management of Projects and Development India Limited against the Award dated 8th September 1995 pronounced on 19th November, 1995, passed by the Presiding Officer, Labour Court, Dhanbad, in Reference Case No. 7 of 1993, whereby and whereunder, the Presiding Officer, Labour Court, Dhanbad, while held that the Management failed to justify its action taken in regard to the dismissal of the concerned workman (2nd respondent herein), set aside the order of dismissal and reinstated the workman in service with full back wages and other consequential benefits.

(2.) AS the case can be disposed of on a short point, it is not necessary to discuss all the facts, except relevant one as mentioned hereunder: The workman was preceded departmentally for charges of theft, fraud, dishonesty, deception, corrupt practices in connection with Company's business/property/ work of the Company and for misappropriating the Company's fund temporarily. Following charge was leveled against him: That you claimed L.T.C. amount of Rs. 5950.00 only in the year 1981 indicating the travel made by yourself and your family members from Nirsa to Trivendrum by Luxury Coach Bus no, WMH -6231 belonging to Dipti Travel a Traveling Agent having Govt. Regd. No. 1938, Nirsa, G.T. Road. You have shown your travel from 5.1.81 and return on 22.1.81. On enquiry it was observed that there was no Dipti Travels registered at any time having its registered office at Nirsa. The Regd. No. WMH -6231 was in favour of a Dumper and it is belonging to Eastern Coalfields Ltd. Santoria, Burdwan, P.O: Disergarh, Kustorea Area. Thus, you have submitted a false bill of having traveled through Dipti Travels Luxury Coach Bus No. WMH -6231 and submitted a forge documents for claiming the amount Rs. 5950/ - against which you have received from the management an amount of Rs. 5432/ -

(3.) AT the instance of the workman, the Government of Bihar vide its notification No. III/D2 -5017/92 L and E -1492 dt. 18th September, 1993 referred the following dispute for adjudication by the Labour Court, Dhanbad: Whether the termination of services of Sri P.V.P. Rao -Senior Technician, Project and Development India Ltd. Sindri Dhanbad is proper ? If not whether he should be reinstated on the job or/ and should be given compensation?