EMPLOYEERS IN RELATION TO MANAGEMENT OF LODNA COLLIERY Vs. PRESIDING OFFICER CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) PETITIONER-MANAGEMENT has prayed for quashing the award dated 14-6-2002, passed by the Central Government Industrial Tribunal No. 2, at Dhanbad (hereinafter referred to as the Tribunal) in Reference Case No. 127 of 1995 (Annexure 3 ). The following dispute was referred for adjudication vide order dated 10-10-1995:

(2.) THE Tribunal held that the termination of the concerned workmen was illegal and was done without holding a regular departmental enquiry and therefore they are entitled to reinstatement with 50% back wages and other consequential benefits. However, liberty was given to the Management to make fresh enquiry against the concerned workmen after giving them opportunity.

(3.) MR. Mehta, appearing for the petitioner-Management, submitted as follows. The concerned workmen-Nand Kishore Ram and Ram Lakhan Ram were employed temporarily in the year 1990 under a special drive to recruit Scheduled Castes and scheduled Tribes candidates, as per the Scheme of 1986 of the Government of India. It was specifically stipulated in the employment letters (Exts. M-1 and m-1/1) that on expiry of three months' period, the services will stand automatically terminated unless otherwise extended and that if their Identification and Attestation Form are not found genuine in the verification by the district authority, their services will be terminated without assigning any reason and legal action will also be taken against them. Accordingly, the caste certificates produced by them were sent to the Block Development Officer, who reported that the same were fake and accordingly they were terminated with effect from 22-11-1990. Then they again submitted caste certificates with different permanent home addresses, due to which, the matter was reported to the Deputy commissioner but in the meantime, the said scheme of 1986 was closed and therefore the Management decided not to take any further action. Mr. Mehta further submitted that the award is illegal and perverse. In spite of clear evidence of B. D. O. , the Tribunal held that "there is no scope to come to definite conclusion that the caste certificates were fake or not" He further submitted that the purported caste certificates produced by the concerned workmen, after their termination were beyond the scope and purview of reference. In view of the clear stipulation in the appointment letter as aforesaid and as the caste certificates were found fake, the Management was not required to initiate a regular departmental proceeding and was justified in terminating the concerned workmen. Relying on the judgment in Municipal Council, Samrala v. Raj Kumar, (2006)3 SCC 81, he submitted that the concerned workmen were terminated in terms of the stipulations contained in their employment letter which is justified under second part of clause (oo) (bb) of section 2 of the Industrial Disputes Act.