CHIEF EXECUTIVE OFFICER, STEEL AUTHORITY OF INDIA LIMITED Vs. THEIR WORKMAN, REPRESENTED BY BOKARO KARAMCHARI PANCHAYAT

JUDGEMENT

(1.) This writ petition is under Article 226 the Constitution of India wherein award dated 10.09.2016 passed in Reference Case No. 07 of 2008 whereby and whereunder the reference has been answered in favour of the petitioner by holding the dismissal as unjustified, directing the management within State-workman with continuity in service along with 25 per cent back wages from the date of his dismissal i.e. since 03.02.1989 till the date of raising the Reference i.e. on 23.06.2006 with the date of his actual date of retirement.

(2.) The brief facts of the case is that the respondent-workman have been appointed as post Khalasi by virtue of an order passed on 08.08.1073, promoted on the post of Crane Operator (N3) vide order dated 31.12.1984 but thereafter he is being absent from his duty unauthorizedly but taking the lenient view he has been allowed to discharge his duty by giving warning by virtue of decision taken vide letter dated 3/4 March, 1987. The respondentworkman has not made and again absented from duty, inconsequence thereof, charge-sheet was issued on 2/3 March, 1987 and the management considering the habitual nature of unauthorized absence, have issued charge-sheet by appointing an enquiry officer but he has not appeared before him. The proceeding has been concluded and the charge levelled against the petitioner has been found to be proved in consequence thereof, he has been dismissed from his service w.e.f. 03.02.1989 on the ground of unauthorized absence.

(3.) Respondent-Workman being aggrieved with the same has raised a dispute which has culminated into Reference Case No. 07 of 2008 wherein the following reference has been made:-