- (1.) THIS appeal under Clause (10) of the Letters Patent Appeal is directed against the judgment dated 11.5.1998 passed in CWJC No.839 of 1991 (R) whereby the learned Single Judge dismissed the writ application and affirmed the award passed by the Central Government Industrial Tribunal, Dhanbad.
(2.) IT appears that appellant, namely, Damodar Colliery of M/s. BCCL dismissed the concerned workmen, namely, Gopal Chamar and Uma Chamar after holding a domestic enquiry on the charges of misconduct by assaulting and abusing the superior while on duty within the colliery premises. After dismissal order passed by the Management, an Industrial Dispute was raised and finally the dispute was referred to the Tribunal in Reference Case No.75 of 1984. The Tribunal after holding the domestic inquiry as improper allowed the parties to lead evidence before him. The Tribunal after considering the entire evidence recorded a finding that the charges levelled against the concerned workmen was not proved. Accordingly the Tribunal passed an award directing the Management to reinstate the j workmen with full back wages. The said award was challenged by the appellant -Management in CWJC No.839 of 1991 (R) which was dismissed by the impugned order. From perusal of the award passed by the Tribunal and the Judgment passed by the learned Single Judge it appears that the finding recorded by the Tribunal is pure finding of fact based on evidence. The learned single Judge has also reappreciated the entire evidence and affirmed the finding recorded by the Tribunal. It is well -settled that High Court in exercise of writ jurisdiction under Art.226 of the Constitution would be very cautious in interfering with the finding of fact recorded by the Industrial Tribunal unless mala fide has been proved. In the instant case, as noticed above, the learned single Judge while dismissing the writ petition has gone through a finding of fact recorded by the Tribunal and found it correct. In Letters Patent Appeal we are not supposed to interfere with the finding of fact recorded by the Tribunal and affirmed by the learned single Judge. In this connection, reference may be made to the decision of the Supreme Court in the case of Factory Manager, Cimmco Wagon v. Virendra Kumar Sharma 2002 (6) SCC 554 = AIR 2000 SC 2524.
(3.) FOR the (sic) reason we are not inclined to interfere with the award passed by the Tribunal and the impugned judgment passed by the learned Single Judge. This appeal is dismissed. Appeal dismissed.;