TAPEN SEN, J. - (1.) THE writ petitioner in the instant case has espoused the cause of one Manoj Kumar Sinha and has prayed for quashing of the Award dated 21.02.1994 passed by the Presiding Officer, Central Government Industrial Tribunal (No. 1), Dhanbad (here -in -after referred to for the sake of brevity as the said Tribunal) in Reference Case No. 126/89 by reason whereof he has upheld the action of the management in dismissing the aforementioned Manoj Kumar Sinha (here -in -after referred to for the sake of brevity as the concerned workman).
(2.) MR . A.K. Sahani, learned counsel for the petitioner has drawn the attention of this Court to some of the paragraphs of the Award for purposes of satisfying this Court that the same is perverse or that it suffers from the patent irregularity/illegality and deserves to be set aside by this Court. The case of the concerned workman was that he was a permanent employee of the Bhowra Coke Oven Plant of BCCL. On the date when the aforementioned Plant was nationalized on 21.03.1983 he was in employment and after nationalization this Plant came under the administrative control of the management of Bhowra Area No. XI which also included Bararee Fire Project. The concerned workman stated that he was efficient and his services were mostly utilized as a driver under the Area Manager (Technical). The further case of the concerned workman was that he was transferred to the Bhowra North Open Cast Project (herein -after referred to for the sake of brevity as Bhowra Project) by the Personnel Manager, Bhowra area vide letter dated 10/ 11.05.1984. On being released by the Project Officer on 26.09.1984, he reported and resumed duties at Bhowra Project Office at 4 -B quarry and was given temporary authorization to work as a Shovel Operator.
(3.) SINCE his services were utilized for a higher category job he, therefore, demanded higher pay scale and consequential grades and when he was not given these, he refused to work in such higher jobs. This became a source of displeasure with the management which stopped paying him wages since February, 1986. Consequently, on 16.05.1986 he approached the Labour Enforcement Officer (Central), Dhanbad, who called for comments from the agent of the Bhowra Project. Reacting the Agent issued a Charge - sheet dated 28/29.08.1986 alleging that the concerned workman had secured employment in BCCL by fraudulent means. The further case of the concerned workman was that after a perfunctory inquiry, he was dismissed by the Agent of Bhowra Project by letter dated 29.10.1987. This led to conciliation proceedings and upon failure thereof, the matter ultimately culminated in reference to the learned Tribunal for adjudication. Consequently, prayer was made before the Tribunal to hold the dismissal as unjustified and to order reinstatement with full back wages and allowances w.e.f. 29,10.1987.;