CENTRAL COALFIELDS LTD Vs. PRESIDING OFFICER

JUDGEMENT

(1.) IN this writ petition the petitioner has prayed for quashing the Award dated 28.2.2000 passed by the respondent No. 1 in Reference No. 228 of 1994, whereby the action of the Management in dismissing the concerned workman has been held to be not justified and the concerned workman has been held to be entitled for full back wages, continuity of service and other consequential benefits.

(2.) THE short fact of the case is that the concerned workman Ratio Oraon was engaged as a coal cutter in Topa Colliery. The said colliery was nationalized under the provisions of Coal Mines Nationalisation Act w.e.f. 31.1.1973. Service of the said workman was, thereafter, regularized and he was appointed as Peon on 25.6.1977. He was then transferred to the C.C.L. headquarters.

(3.) THE management in the written statement, on the other hand, stated that one Jodhan Mahto made a written complaint that the concerned workman is Thakur Prasad Mahto/son of Chulhan Mahto and he has been working in the name of Ratia Oraon falsely impersonating himself. On the said complaint a preliminary enquiry was conducted by a committee consisted of the three members. The committee was headed by Shri Suresh Prasad, Deputy Chief Personnel Manager (SE) and other two members were Shri P.S. Verma, Senior Security Manager and Shri H. Kujur, Senior Personnel Officer, C.C.L. After holding preliminary enquiry a report was submitted. In the enquiry it was transpired that Thakur Prasad Mahto son of Shri Chulhan Mahto has been working as peon/chain man at C.C.L. Headquarters impersonating himself as Ratia Oraon son of Birja Oraon. On that basis the concerned workman was proceeded against. On conclusion of the domestic enquiry the concerned workman has been held guilty of the charge of impersonating himself as Ratia Oraon and playing fraud on the company. He was awarded punishment of dismissal. The domestic enquiry was fair and proper and there was no illegality in the finding and holding the concerned workman guilty of false impersonation and awarding punishment of his dismissal from service.