- (1.) Heard the learned counsel for the parties.
(2.) The petitioner, which is the Management of the Eastern Coalfields Ltd., has assailed the Award dated-01st September, 2003, passed by the Central Government Industrial Tribunal [No. 2], Labour Court, Dhanbad, in Reference Case No. 126 of 1997 whereby the Tribunal has sought to answer the terms of reference against the Management.
(3.) The concerned workmen, who were the employees under the Management were dismissed from service on the charge that they had assaulted their senior officer, in course of discharge of their duties. Against the order of dismissal, the workmen moved the Calcutta High Court by filing a writ application. A Single Bench of the Calcutta High Court, while disposing of the writ application, quashed the order of dismissal of the concerned workmen with liberty to the Management to initiate a fresh disciplinary proceedings after serving charges on the workmen. The Management, being aggrieved, filed an Appeal against the judgment of the Single Judge. A Division Bench of the Calcutta High Court, upon considering the grounds, affirmed the order of the Single Bench, whereby the order of dismissal was quashed, but had modified the order of the Single Judge by quashing the later portion and directing the Labour Court to decide upon the misconduct of the concerned workmen, instead of, allowing the Management to conduct a fresh enquiry against the workmen. It appears that hereafter, an unusual turn took place in as much as, a fresh reference was made by the Central Government to the Labour Court by order dated-10th November, 1997 in the following terms. "Whether the action of the management of Gopinathpur Colliery of ECL in dismissing the service of S/Sh. Muku Singh, Nifikir Pal and Notan Kumar Baisya is legal and justified? If not, to what relief are these workmen entitled?" It appears that during the pendency of the proceedings before the Labour Court, one of the workmen, namely, Nifikir Pal had retired on 31.01.2002 and the other workman, namely, Notan Kumar Baisya died on 02.09.2003. The Labour Court had though considered the terms of reference but acting upon the directions given by the Division Bench of the Calcutta High Court, had proceeded to enquire and adjudicate upon the misconduct of the concerned workmen. In course of the enquiry conducted by it, the Labour Court examined the witnesses adduced by the parties. As it appears from the impugned Award, the Management had adduced the evidence of only one witness, namely, the Officer, who is claimed to be the victim of the alleged assault made upon him by the workmen. The Labour Court, upon considering the evidences, had recorded its finding that the evidence adduced by the Management, is not sufficient enough to prove the guilt of the workmen and accordingly, had opined that it did not consider it just and proper to hold the concerned workmen guilty of the charges. However, after having recorded the above findings, the Labour Court proceeded to conclude its Award in the following manner: - "In the result, the following Award is rendered: - The action of the management of Gopinathpur Colliery of Eastern Coalfields Ltd. In dismissing the services of S/Shri Muku Singh, Notan Kumar Baisya and Nifikir Pal is not legal and justified. Consequently, they should be reinstated in service with full back wages with consequential relief and continuity of service from the date of the order of dismissal. However, Management will be at liberty to adjust the suspension allowance given to concerned workmen in computing their back wages." A further direction was given in the Award to the Management to implement the Award within three months from the date of publication of the Award in the Gazette of India.;