M.Y.EQBAL, J. - (1.) THE petitioner who is the Management of Moonidih Project of M/s Bharat Coking Coal Limited, has prayed for quashing the award dated 28.9.1992 passed by the Presiding Officer, Central Government Industrial Tribunal (in short the 'Tribunal ') in Reference Case No. 307/87 whereby he has set aside the order of dismissal of the concerned workman from service and directed for reinstatement but without back wages.
(2.) IN appears that the Government of India, Ministry of Labour, in exercise of powers conferred upon them under Sec.10(1)(d) of the Industrial Disputes Act, 1947, referred the following dispute to the Tribunal for adjudication : "Whether the action of the Management of Moonidih area, Moonidih of M/s Bharat Coking Coal Limited, Dhanbad in dismissing Shri Puttar Mahato, PRM T.No. 5815 from the service of the company with effect from 24.12.1986 is justified? If not, to what relief is the workman entitled." The concerned workman, Puttar Mahato was in the employment of the petitioner -company and he was dismissed with effect from 24.12.1986 on account of certain misconduct. The concerned workman was charge -sheeted on the allegation, inter alia, that he along with others assaulted Sri K.P. Singh, Senior Mining Engineer -in -Charge of Aralgaria stabilization works with axe and lathi causing fracture to his left hand index finger. It was alleged that the dragged Sri K.P. Singh to their village Dhobani mauza with Intention to kill but Sri Singh was subsequently rescued by the police. The concerned workman was also said to have hurled abuses and pelted stones upon the officers of Bhagaband colliery who all were helping Sri K.P. Singh in supervising the water drainage work at Dhobani Mauza. The concerned workman replied to the charges denying each and every allegation and the Management being not satisfied with the reply, ordered for departmental inquiry which ended in dismissal of the workman from service. Ultimately the dispute with regard to validity of dismissal from service was referred to the Tribunal for adjudication.
(3.) THE Tribunal, after holding that the inquiry was not fair and proper, allowed the Management to prove the charges by adducing evidence before the Court. The point formulated by the Tribunal for consideration is as to whether the concerned workman indulged in the incident and he abused and caused injury to Sri K.P. Singh in the manner as alleged and if so, whether the dismissal was justified. Both the Management and the concerned workman led their evidence before the Tribunal and the Tribunal after considering the entire facts of the case and on appreciation of the entire evidence held as under : "Now let us see whether the concerned workman had ever shown any riotous and fighting behaviour. He was stated to have assaulted Sri K.P. Singh but this aspect of the matter has been negatived by Sri B.S. Ram, MW 1 to own witness of the Management who stated before this Tribunal on oath that Puttar Mahato was simply abusing. He denied any assault on Sri K.P. Singh by the concerned workman. Ext. M - 10 to M -10/3 are the injury reports and the medical certificates granted by one Dr. Pandit. Three X -ray plates are the material Exts. Which have been marked I, II and III showing that Sri Singh sustained fracture on left hand index finger. The learned counsel for the workman has challenged all these certificates on the ground that they were never produced either before the inquiry officer or before the investigating officer during the course of investigation. The learned counsel seems to be correct in his submission that in the event of medical report being challenged the Management should have examined the doctor concerned. Sri K.P. Singh himself stated that he was posted in civil hospital Dhanbad, also but no such paper has been filed. In the situation, noted above it is true that these injury reports and medical certificates loose much of its force and that being the position it is very difficult to prove that the concerned workman ever exhibited his riotous and fighting behaviour." ;