S.J.MUKHOPADHAYA, J. - (1.) THIS application has been preferred by the petitioner Employers in relation to the Management of Kiriburu Iron Ore Mines of Bokaro Steel Plant (SAIL), Singhbum against the Award dated 18th January, 1994 passed by the learned Presiding Officer, Central Government Industrial Tribunal (No.2), Dhanbad in Reference No.20 of 1989, whereby and whereunder, the learned Tribunal set aside the order of dismissal as was passed against the concerned workman -Bideshi Sahu, Ex -Plumber -cum -Pipe Fitter and directed to reinstate him without back wages, but with stoppage of one increment.
(2.) FROM the facts as admitted by the parties show that on 18th March, 1986, the concerned workman used filthy language at the time of meeting with one Shri K.C. Seth, Controlling Officer of the workman in his official Chambers during office hour and abused as well as threatened him of dire consequence, as the officer marked the workman three days ' absent from duty. The Workman thereafter entered the Official Chambers of Senior Executive Engineer (Civil) in a furious mood and enquired about the reason for non -grant of three days ' leave. The Workman caught hold of the Neck (throat) of the said Senior Execulive Engineer (Civil) and tried to hit him bodily. However, in view of the intervention of Shri S.P. Singh, the then Assistant Grade II, the concerned workman was taken out of his Office. For aforesaid misconduct, a departmental enquiry was held, after giving opportunity of hearing to the concerned Workman and on receipt of report, the Workman having found guilty of charges, was dismissed w.e.f. 23rd November, 1987.
(3.) AGAINST the aforesaid dismissal order, the concerned Workman raised an industrial dispute and the same was referred for adjudication by the Government of India, on the following terms, vide Order No.L -26012/5/89 -IR (MiSc.) dated, the 19th September, 1989. "Whether the action of the management of Kiriburu Iron Ore mines of Bokaro Steel Plant (SAIL), Kiriburu in dismissing the services of Shri Bideshi Sahu Plumber -cum -Pipe Fitter w.e.f. 23.11.87 is justified. If not, what relief is the workman entitled to - ;