BHARAT COCKING COAL LTD Vs. GOPAL SINGH

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant -management of M/s. Bharat Coking Coal Ltd. (B.C.C.L. for shod) against the order dated 03.10.2002 passed in CWJC No. 1058 of 1995(R) by which the learned Single Judge had been pleased to remand the matter to the Managing Director of M/s. B.C.C.L. to pass appropriate order on the order of dismissal of the petitioner/respondent herein who had assailed the same by filing the writ petition referred to hereinbefore.

(2.) THE petitioner/respondent in the writ petition had prayed for quashing the order dated 23.09.1994 passed by the Agent of Barari Colliery with approval of the Chairman cum Managing Director of M/s. B.C.C.L., by which the petitioner/respondent had been dismissed from service summarily relying upon Clause 28 of the Certified Standing Order applicable to the employees of the said Colliery. The order of dismissal had been passed against the petitioner -respondent in view of the fact that he had committed misconduct by willfully damaging in the property of the employer while the work was in progress. It was also alleged that he had committed theft and fraud and acted dishonestly in connection with the Company business while he was posted as a security guard at Bhulan Bararee Check post. The specific charge leveled against the petitioner/respondent was that on 22.09.1994 at 12 in the mid night during 3rd shift he was assigned the job of not allowing any truck to pass through the check post without checking the challan papers and without making proper entry of the number of the truck in the register maintained for the purpose. The petitioner/respondent was charged for the allegation that he allowed one truck loaded with coal to pass through the check post without checking the challan and also without making proper entry in the relevant register. Besides this, two trucks were also found Standing at the check post loaded with coal but no entry was made in the register. Thus, those trucks were allowed to pass through the check post without checking the challans which were subsequently found to be forged.

(3.) THEREAFTER an order appears to have been passed by the Agent of the Company with the approval of the Chairman cum Managing Director of M/s. B.C.C.L. dismissing the respondent and the same was challenged by the petitioner/respondent by filing the writ petition bearing CWJC No. 1058/1995 on several grounds. The writ petition was filed in the year 1995 but during the pendency of the writ petition, the Union through the petitioner/respondent/workman filed an application before the Central Government for initiating a dispute and referring the same before the Industrial Tribunal under Section 10 of the Industrial Disputes Act, 1947. The competent authority under the Ministry of Labour passed an order in the year 1989 referring the dispute to the Tribunal framing the question of reference as to 'Whether the action of the management of Barari Colliery of M/s. Bharat Coking Coal Ltd. in dismissing Gopal Singh, Ex - Security Guard from the service of the Company w.e.f. 23.09.1994 is Justified? If not, to what relief the workman is entitled.'