S.J.MUKHOPADHAYA, J. - (1.) THE petitioner -Management of Lohapati Colliery of M/s. BCCL has challenged the award dated 14th February, 1994 passed by the learned Presiding Officer, Central Government Industrial Tribunal (No. 1), Dhanbad in Reference No. 20/90, whereby and whereunder, the learned Tribunal held the order of dismissal bad being disproportionate to the charges, set aside the order of dismissal and reinstated the workman with 50% back wages as measure of penalty.
(2.) THE workman -Ram Bhuiya being absent from duty without prior permission since 25th September, 1987 the Management initiated a departmental proceeding on 6th November, 1987. In the domestic enquiry, the workman having found guilty of the charge of absence from duty was dismissed from service vide order dated 8th March, 1988. The Central Government in the Ministry of Labour, in exercise of its power conferred by Clause (d) and Sub -sections (1) and (2 -A) of Section 10 of Industrial Disputes Act, 1947, by order No. L -20012/ 234/89 -IR (Coal -I) dated 12th February, 1990, referred the following dispute for adjudication of the Tribunal : "Whether the management of M/s. Bharat Coking Coal Ltd., in relation to Lohapati Colliery in Mohuda Area No. II is justified in dismissing the workman Shri Ram Baran Bhuiya. Minor Loader w.e.f. 8.3.1988? If not, to what relief he is entitled to -
(3.) THE tribunal, on appreciation of evidence adduced by the management before the Enquiry Officer, held the workman absented from duty continuously since 25th September, 1987 without obtaining prior permission or without giving information of his absence to the management. It further held that the enquiry held by the Enquiry Officer is be fair and proper.;