PRAKASH BIHARI LAL Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The writ petition has been filed under Article 227 of the Constitution of India, wherein the award dated 26.02.2016 passed in Reference Case No.20 of 2002, is under challenge, whereby and whereunder reference has been made to the effect "whether the dismissal of Shri P.B. Lal, (petitioner) Personal No.146373, Senior Conductor Tisco Ltd. Jamshedpur by the management is justified? If what relief he is entitled to? The same has been answered against the petitioner/workman, against that this writ petition has been filed.

(2.) The brief facts of the case of the petitioner is that he was selected for Trade Apprentice Trainee Session 1988-1991 and thereafter, he was employed, subsequently his services were confirmed, while in service a memorandum of charge dated 24th May, 1999 has been served upon him on 29.05.1999 alleging therein the following allegations:-

(3.) The petitioner has submitted his reply partially admitting the guilt and partially denying it thereafter, he was subjected to domestic inquiry, in which, he has been provided with an opportunity of hearing, he has been allowed to cross-examine the witnesses as also the witnesses of the management and the domestic inquiry has been concluded by submitting a report proving the charge against him, the disciplinary authority as per the power conferred under certifying order applicable to the petitioner has passed the order of punishment for dismissal which has been disputed by the petitioner by making appropriate application before the appropriate government for raising the dispute under the provision of Industrial Disputes Act, 1947 which ultimately has been resulted into a reference by virtue of notification issued by the appropriate government as contained in notification no.1731 dated 30.05.2002 which has been answered against the workman which is under challenge in this writ petition.