M.Y.EQBAL, J - (1.) In this writ application the petitioner Uranium Corporation of India Limited has challenged the Award dated 18/04/1994 passed by Presiding Officer, Central Government Industrial Tribunal No. 2, Dhanbad in Reference Case No. 50 of 1988, whereby, after recording a finding that the management was unable to prove misconduct, set aside the order of dismissal and directed the petitioner-management to reinstate the workman without any back wages. It appears that the Government of India, Ministry of Labour in exercise of the powers conferred under Section 10(l)(d) of the Industrial Disputes Act, 1947 referred the following dispute to this Tribunal for adjudication: "Whether the action of the management of Uranium Corporation of India Limited, Jaduguda Mines, district Singhbhum, Bihar in dismissing Shri Jogeshwar Prasad, Helper-A from service w.e.f. 26/04/1982 is justified? If not, what relief the said workman entitled to?"
(2.) The facts of the case lies in a narrow compass.
(3.) The concerned workman was in service of the petitioner. In 1979 he was charge-sheeted and departmental proceeding was initiated against him. The charges against the workman was that on 21/03/1979 at about 10.40a.m. when Dr. Rakshit, Chief Medical Officer was examining a patient at the hospital at room No. 13, the respondent No. 2 along with Mithulal Gape and other workman forcibly entered into the room in riotous manner. The concerned workman and other assaulted Dr. A.K. Rakshit and dragged him outside the room. They abused Dr. Rakshit with filthy languages. Dr. Rakshit ran towards Female Ward for safety and the concerned workman chased him and assaulted him. Dr. Rakshit fell down on the ground and then the concerned workman attempted to hit with iron rod. The concerned workman also threw stones aiming at Dr. Rakshit, as a result of which one glass pane of cabin No. 3 was badly smashed. In this way the concerned workman and others committed misconduct as per the Standing Order 42(i), 42(p), 42(bb).;