JUDGEMENT
M.Y.EQBAL, J. -
(1.) SINCE all these writ petitions arose out of a common award passed by the Central Government Industrial Tribunal No. 2, Dhanbad, they have been heard together and are being disposed of by this common judgment.
(2.) IN all these writ petitions the petitioner is the Uranium Corporation of India Ltd. By the impugned award dated 18.4.1994 all the four reference cases being Reference Case Nos. 45, 46, 47 and 49 of 1988 have been answered in favour of the workmen.
The terms of reference in all the reference cases which were referred to the Tribunal by the Government of India, Ministry of Labour for adjudication read as under : - -
Reference Case No. 45 of 1988
Whether the management of UCIL, Jaduguda is justified in dismissing Sri Lusa Manjhi, Minor, T. No. 1401 from service w.e.f. 11.8.1979 vide their order No. UCIL/PF/1401/Admn./Mines/79 dated 11.8.1979. If not, to what relief the workmen is entitled ?
Reference Case No. 46 of 1988
Whether the management of UCIL, Jaduguda is justified in dismissing Sri Doman Hansda, T. No. 1086 from service w.e.f. 11.8.1979 vide their order No. UCIL/PF/108G/Admn/Mines/70 dated 11.8.1979. If not, to what relief the workman is entitled ?
Reference Case No. 47 of 1988
Whether the management of UCIL, Jaduguda is justified in dismissing Sri Charan Manjhi, Helper -C T. No. 1402 from service w.e.f. 11.8.1979 vide their order No. UCIL/PF/1402/Admn./ Mines/79 dated 11.8.1979. If not, to what relief the workman is entitled ?
Reference Case No. 49 of 1988
Whether the management of UCIL, Jaduguda is justified in dismissing Sri Ram Prasad Haldar, Driver, T. No. 740 from service w.e.f. 11.8.1979 vide their order No. UCIL/PF/740/Admn./ Mines/79 dated 11.8.1979. If not to what relief the workman is entitled ?
(3.) AT the very outset it is worth to mention here that in all the four reference cases the fairness and propriety of the domestic enquiry was conceded by the representative of the workers Union and consequently the fairness and propriety of the domestic inquiry was not challenged. In all the cases charge - sheets were issued to the concerned workmen on 15.7.1979 and they were put under suspension on the same day. The Inquiry Officer and the Companys representative in all the cases is the same.;
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