TAPEN SEN, J. - (1.) HEARD Mr. V. Shivnath, learned counsel the petitioner and Mr. S.N. Das, learned counsel for the respondents. Mr. V. Shivnath challenges the final Award in this case only to the extent it relates to the direction for payment of 75% back wages together with all benefits till date of superannuation. He does not challenge the Award in so far as it relates to reinstatement
(2.) AT the stage of deciding the preliminary issue on the fairness of the domestic inquiry, the Central Government Industrial Tribunal No. 1 at Dhanbad came to a conclusion that the departmental inquiry held prior to the order of dismissal was fair and proper. He also held that he found much force in the plea of the Management to the effect that there were no lacunae in conducting the departmental inquiry and that the workman had himself specifically recorded that he was fully satisfied with the same. Mr. V. Shivnath, learned counsel appearing for the petitioner has drawn attention of this Court to paragraph -16 wherein he states that in an identical matter which led to Reference Case No. 89/93, the same Tribunal had heard the matter and had passed an Award of reinstatement with a direction of back wages but liberty was given to the Management to proceed with the inquiry by placing him under suspension and Continue the inquiry from the stage of furnishing copy of the report.
(3.) MR . V. Shivnath further stated that the aforementioned Award was challenged vide CWJC No. 3231 of 1996 (R) but the Writ was dismissed and the Award was upheld.;