EMPLOYERS IN RELATION TO THE MANAGEMENT OF AMLABAD COLLIERY OF BHARAT COKING COAL LIMITED Vs. THEIR WORKMAN BEING REPRESENTED BY THE GENERAL SECRETARY, DHANBAD COLLIERY KARAMCHARI SINGH

JUDGEMENT

(1.) IN this appeal, the appellant i.e. the Management of Amlabad Colliery of M/s. Bharat coking Coal Limited has challenged the order dated 09.12.2005 passed by the learned Single Judge in W.P.(L) No. 5750 of 2005 whereby, the learned Single Judge dismissed the writ petition filed by the Management against an Award of the Central Government Industrial Tribunal No. 1, Dhanbad by which an order of dismissal of the workman Eqbal Alam, Fan Operator, Amlabad Colliery from the service was set aside holding it to be not justified and thereby directed to reinstate him in service with full backwages and other consequential benefits.

(2.) THE facts in short are that the concerned workman Eqbal Ram, Fan Operator, Amlabad Colliery was on duty on 22.07.1992 in the second shift at No. 2 Pit Fan House at about 9:00 P.M., he left the place of his work on the plea that he was going to take tea but he did not return for duty till the end of his shift. The Post Commandant, CISF, Amlabad informed the Management that on information of theft, he visited the place with few C.I.S.F. personnels at No. 1 Pit and found that the concerned workman along with a few others were cutting cables. The concerned workman, seeing the CISF Personnels, ran away along with his associates but the CISF personnels caught hold of him with one piece of stolen cable. They were handed over to the Police.

(3.) ON receipt of reference, the Industrial Tribunal issued notices to the respective parties whereupon written statements and rejoinders etc. were submitted by the parties.