TAPEN SEN, J. - (1.) THE Central Government, Ministry of Labour, in exercise of powers conferred under Section 10(1) (d) and (2 -A) referred the following dispute for adjudication before the Central Government, Industrial Tribunal No. 1, Dhanbad : - - "Whether the action of the Management of Govindpur Area No. III of M/s. Bharat Coking Coal Limited, Post - -Sonardih, District -Dhanbad in dismissing Shri Rajnandan Singh is justified? If not, to what relief the workman is entitled -
(2.) THE case of the Management of M/s. Bharat Coking Coal Limited was that on 11.5.1983 at about 11.00 a.m. a mob of two hundred persons armed with deadly weapons committed several acts of violence on the person of Shri H.N. Tripathi, the General Manager of the Barora area. The said mob abused Shri Tripathi and threatened him with dire consequences. The act was committed within the precincts and premises of the Offices of Mr. Tripathi. The mob caused damage to valuable properties belonging to him and the Management. According to the Management, the concerned Workman led the violent mob instigating and inciting it to commit various acts of violence and mischief. Consequently, the charge - sheet was Issued and an inquiry was held and since the concerned Workman did not attend the enquiry and did not give satisfactory reason for not attending the same, the Enquiry Officer held the Enquiry exparte on 27.7.1983. Finally, the Enquiry Officer submitted his report holding the concerned Workman guilty of the misconduct levelled against him. Thereafter, he was dismissed from the service by letter dated 8.4.1987 for commission of misconducts proved against him in the Departmental Enquiry. An Industrial dispute was raised which ultimately culminated in the reference mentioned above whereafter the Tribunal, came to a finding that the action of the Management in dismissing the concerned Workman was not justified and accordingly the order of dismissal was set aside and the Management was directed to reinstate him with full back wages and continuity of service. Being aggrieved, the Management filed CWJC No. 2551/1992 (R) and the Single Judge, after having considered the evidence of Mr. H.N. Tripathi and the relevant portion of the Enquiry Report, correctly arrived at a conclusion that there is no specific allegation that the concerned Workman was amongst those persons who hit Mr. Tripathi with lathi on his forehead. The learned Single Judge also recorded that even Mr. Tripathi who was the most competent witness to the assault had not blamed the concerned Workman by specifically stating that he had hit him with lathi or vala. The learned Single Judge, therefore, held that the Order of the Tribunal was not perverse either in law or on fact. The learned Single Judge considered that the Tribunal had taken note of the facts and circumstances under which an agitating mob had collected in the premises of the office. The disturbance was on account of the fact that the sponsoring Union was leveling charges that on account of criminal negligence on the part of the Management in constructing a Water Reservoir, three persons had died.
(3.) IN the back drop of the aforesaid findings, it would be perhaps necessary to quote below the charges that were leveled against the concerned Workman : (i) That on 11.05.1983 at about 11.00 hours you alongwith other persons led a violent mob of about 200 persons armed with lathies, bhalas, bows and arrows and other lethal weapons into the office premises of office of the General Manager, Barora Area and trespassed into the said office with criminal intentions of assaulting/killing managerial personnel/officers. (ii) That the violent and armed mob as referred to in Charge No. (i) above on the date and time indicated therein led by you and others wanted to murder/kill Sri H.N. Tripathi, General Manager, Barora Area and the person in the mob led by you and other persons were shouting slogans and holding out threats such as H.N. Tripathy ko kat do, mar do, khoon ka badla khoon se lenge, etc. and the mob was determined to indulge in and commit the acts as reflected by the said slogans and threats under the instigation and leadership, besides of some others. (iii) That at about 11:15 hrs. on 11.05.1983 when Shri H.N. Tripathy, General Manager, Barora Area reached the Barora Area Office in his Car No. BHR 1374, the mob made by you and others assaulted him with lathis on his head by way of implementation of the threats referred in Charge No. (ii) above, which resulted in bleeding injuries to Shri H.N. Tripathy, Shri Tripathy had to be admitted in Loyabad Hospital for medical aid/treatment for the serious injuries received by him by the brutal attack on him. (iv) That at the same time on 11.05.1983 and at the same place i.e. Office of the General Manager, Barora Area Office as referred to in Charge No. (iii) above, the violent mob led by you and others assaulted Shri K.K. Khadia, Area Manager (Technical), Barora Area, Shri K.L. Bhardwaj, Inspector, CISF, Shri Sher Singh Hawaldar, CISF and Bhim Barhi who rushed to the rescue of Shri H.N. Tripathy and to save him from being killed by the irate and violent mob led by you and others, attacked and assaulted them with the result that they also received injuries. Shri K.K. Khadia had to be admitted in Loyabad Hospital of BCCL for medical aid/treatment for the injuries received by him. (v) That on 11.05.1983, at the time and place as indicated in Charge No. (iii) above. Shri H.K. Tripathy fell down due to the brutal attack on him by the violent and armed mob led by you and other persons on the staircase, the mob made a further attack on him and tried to pull him down by holding his leg with a view to killing him. On account of the brutal attack on him, Shri H.N. Tripathy became unconscious for some time and during the incident, he lost his chappals and his spectacles were broken.";