M.Y.EQBAL,J. - (1.) PETITIONER workmen of Hindustan Malleables and Forging Ltd. Dhanbad have challenged the order dated 5 -9 -1991 and the award dated 24 -8 -1992 passed by Presiding Officer. Labour Court, Bokaro Steel Bokaro in Reference Case No. 12 of 1983, whereby it has been held that the action of the Management in dismissing the workmen namely, Shri Safal Mian and others is justified and they are not entitled to any relief.
(2.) IT appears that the Government of Bihar by Notification dated 26 -4 -1983 referred the following dispute to the Labour Court for adjudication : 'Whether the dismissal of Sarbsri Safal Mian, Devkishun Yadav, Dwarika Rajak, Sibu Roy, Shanti Ram Mahto, Mohammad Ali, Mohammad Ismail Ansari, Nizamuddin Ansari -1, Nizamuddin Ansari -2, Maksud Mianh, Shital Prsad Chaudhary, Mohd. Zamil Khan, Nageshwar Singh, Mantu Mahto, Mahadeo Rawani, Kanhai Lal Mahto, Nanu Ram Mahto and Damu Roy -workmen of M/s. Hindustan Malleables and Forgins Ltd., Bhuli, Dhanabad is proper and justified? If not, whether they are entitled to reinstatement and/or any other relief?' The concerned workmen were charge -sheeted in the month of April, 1983 for committing serious misconduct of slowing down of work, wilful insubordination, habitual indiscipline and instigating others to indulge in slowing down of works. The workmen submitted their replies but that were not found satisfactory and consequently an inquiry committee was constituted by the Management to enquire into the charges leveled against them. One Mr. R.R. Bhattacharya Advocate Dhanabad was appointed as enquiry officer for conducting domestic enquiry. The enquiry committee conducted the enquiry and submitted its report holding that delinquent workmen were guilty of the charges drawn up against each of them on the basis of proved misconduct. On the basis of the report the concerned workmen were dismissed from the service by the management after taking approval from the Managing Director.
(3.) THE case of the Management is that out of 18 concerned workmen, one workman named Damu Rai already died and a reference on behalf of a dead person cannot subsist. Similarly, workman Shri Shanti Ram Mahto settled the dispute with the management and sworn affidavit to the effect that he has no dispute with the management over his dismissal from service and as such reference is invalid against that persons. On the other hand, the case of the workmen is that they were the permanent workers of M/s. Hindustan Malleables and Forgings Ltd. since long with unblemished record of service. The management is treating them as bounded labour and paying them wages much below the rates of Engineering Wage Board for which they started Bihar Engineering Kamgar. Union which enraged the management and they were issued false, frivolous, fictious and motivated charge -sheets and suspended them without conducting any preliminary enquiry, The Union served a strike notice challenging the illegal suspension order and in pursuance thereof conciliation proceeding was initiated and during the pendency of conciliation proceeding the management dismissed all the concerned workmen without taking prior permission of the conciliation officer for which a case was filed by the Assistant Labour Commissioner and the same is pending before the Patna High Court, Ranchi Bench. The concerned workmen further assailed the inquiry report submitted by the inquiry committee as being perverse and perfunctory and the findings are wholly illegal, arbitrary and unjustified. ;