TAPEN SEN, J. - (1.) IN this writ application, the petitioner (the Management of Mudidih Colliery of Sijua Area of M/s. Bharat Coking Coal Limited) has challenged the validity of the notification dated 29 -1 -1999 (Annexure -8) issued by the Desk Officer, Ministry of Labour, New Delhi (respondent No. 2), whereby and where under the following dispute has been referred for adjudication under the provision of Section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act"): "Whether the action of the Management of Mudidih Colliery of M/s. BCCL in dismissing Sri R.K. Prasad, Lamp Cabin Incharge from the services of the Company w.e.f. 31 -12 -1985 only on the ground of unauthorized absence w.e.f. 28 -8 -84 to 19 -10 -84 which the Management has failed to establish the same through any documentary evidence is justified? If not, to what relief the concerned workman is entitled". The petitioner has further prayed for a writ of mandamus commanding upon the concerned respondents to forbear from giving effect to or acting in pursuance of the aforesaid impugned order.
(2.) THE facts of this case are necessary to be considered and taken note of. According to the petitioner, one R.K. Prasad (concerned workman) was proceeded against departmentally vide charge sheet dated 19 -10 -1948. At Paragraph 9 of the writ application, it has been stated that the enquiry proceedings were adjourned time again and finally the Enquiry Officer came to the conclusion that the workman was avoiding and therefore, he proceeded and the proceedings were concluded ex parte on 11 -6 -1985. Thereafter the enquiry report was submitted on 18 -6 - 1985 holding that Sri R.K. Prasad was guilty of misconduct. Thereafter the report and other documents were examined by the disciplinary authority and an order of dismissal was passed on 31 -12 -1985. Being, aggrieved, the concerned workman raised an industrial dispute which finally led to the submission of a failure Report and consequent reference to the Central Government Industrial Tribunal for adjudication of the following dispute: "Whether the demand of Sri R.K. Prasad, Ex. Camp Lamp Incharge of Mudidih Colliery of Sijua Area of Bharat Coking Coal Ltd. who was dismissed from service from 31 -12 -1985 that he should be reinstated in service by the Management, it justified? If so, to what relief he is entitled". The aforementioned reference was registered before the Tribunal as Reference Case No. 279 of 1986 wherein all the parties appeared and contested the matter. By Award dated 26 -7 -1988 as contained in An -nexure 1, the Tribunal held that the demand of the concerned workman (who was dismissed from service with effect from 31 -12 -1985) that he should be reinstated in service was not justified and the concerned workman was not entitled to any relief.
(3.) BEFORE proceeding any further, it would be relevant, therefore, to briefly dwell on the principle point of reference, which became a subject matter of Reference Case No. 279 of 1986 referred to above. The reference was that the concerned workman who was dis - missed from service from 31 -12 -1985 demanded that the action of the management was unjustified and, therefore, he should be reinstated in service. In answer to this, the Tribunal passed the Award holding that the demand of the concerned workman to the effect that he should be reinstated was not justified and that the concerned workman was not entitled to any relief.;