S.J.MUKHOPADHAYA, J. - (1.) AS both the cases are similar in nature, common question of law involved, they were heard together and are being disposed of by this common judgment.
(2.) SHRI Sohan Bouri and Shri Puran Chand Bouri, both Minor Leader under Moo - nidih Project of M/s BCCL were procee - ded departmen tally, separately and were dis missed from service vide two orders No. 89/2118 and 89/2120 both dated 24/27 September, 1989. On such dismissal, at the instance of the workmen, the Central Government from its Ministry of Labour referred the following disputes for adjudication to the Tribunal under clause (d) of sub -sections (1) and (2 -A) of Section 10 of the Industrial Disputes Act, 1947 : In respect of Shri Sohan Bouri : "Whether the action of the Management of Moonidih Project under M/s BCCL in awarding punishment of dismissal to Shri Sohan Bouri. Minor Leader under Order No. NO/PO/Per/Dismiss -al/89/2118, dated 24/27.9.1989 is justified ? If not, to what relief the workman is entitled - In respect to Shri Puran Chand Bouri : "Whether the action of the Management of Moonidih Project under M/s BCCL in dismissing Shri Puran Chand Bouri. Miner/Loader under dismissal Order No. NND/20/Per/Dismissal/89/2120, dated 24/27.9.1989 is justified? If not. to what relief the workman is entitled - Both the references were registered as reference No. 219 of 1990 and reference No. 218 of 1998. respectively. They were answered and awarded in favour of the workman, by two separate awards, dated 30th January. 1992 and 7th February. 1992. respectively.
(3.) TO appreciate the case it is necessary to refer the charge(s) as were framed against both the workmen therein, allegations were made relating to obtaining employment by furnishing wrong Informatlon(s) and false statement(s). Misconduct was alleged in terms with clause 17(i)(a) and 17(i)(o) of the Certified Standing Order. The charges against both the workmen were almost similar, which reads as follows : In respect to Sohan Bouri : "Your were appointed as Temp. Minor Leader in the year 1986. At the time of appointment you submitted papers mentioning therein that you are "son of Sri Buja Bouri of village Gopinathpur, Post Lalpur. Distt. Dhanbad. But in the family details submitted by Sri Buja Bouri who is an employee of Moonidih Project. Your name is not recorded as his son. Further, one witness who had signed on your verification roll has also given in writing that you are not son of Sri Buja Bouri. This shows that at the time of employment you have wrong information regarding your fathers name and got employment by furnishing false information." Your above acts constitute serious misconduct under Clause 17(i)(a) and 17(1)(o) of the Certified Standing Order applicable to Moonidih Project which reads as under :" In respect of Puran Chand Bouri : "You were appointed as Temp. Minor Leader in the year 1986. At the time of appointment you submitted papers mentioning therein that you are a son of Dhanu Bouri of village Gopinathpur. P.O. Lalpur. Distt. Dhanbad. But the family details submitted by Sri Dhanu Bouri an employees of Moonidih. in service except from your name is not recorded as son. Further, one witness who had signed on your verification roll has also given in writing that you are not son of Sri Dhanu Bouri. This shows that at the time of appointment you gave wrong information regarding your fathers name, and got employment by furnishing false information. Your above acts constitute serious misconduct under Clauses 17(1)(a) and 17(i)(a) of the Certified Standing Order applicable to Moonidih Project, which reads as under :";