TAPEN SEN, J. - (1.) HEARD Mr. Delip Jerath, learned counsel for the petitioner and Mr. Krishna Bahadue Sinha Sr. Advocate assisted by Mr. S. Piprawal and Mr. Amitabh for the respondent No. 2 Mr. Sarvendra Kumar represents the respondent No. 1, which is formal party.
(2.) THE petitioner, who is the concerned workman has prayed for quashing a portion of the Award passed by the Respondent No. 1 on 4.11.1995 in Reference Case No. 11 of 1989 whereby and whereunder he has disallowed back wages to him. The petitioner joined the services of the respondent No. 2 Company as Mason on 18.9.1994 in the Refractories Maintenance Department. On 13.7.1985, he was served with a charge -sheet (Annexure -1) by which the petitioner was asked to show cause as to why disciplinary action be not taken against him for having committed the following misconduct. "It has been reported that you have encroached upon Companys vacant land measuring 1900 sq. ft. approx near Vivekanand School, Bhuyadih within R.S. Plot No. 2244 of Mouza Sakchi and have unauhorisedly built a room thereon with bricks and tiled roof. The above act of your amounts to misconduct within the meaning of order No. 23 of our Works Standing Orders." Neither of the parties produced the copy of the Works Standing Orders for perusal of this Court but paragraph 19 of the Award and paragraph 5 of the Counter affidavit clearly point to its basic contents and upon reading these two paragraphs, it is evident that as per Clause 23, theft, fraud or dishonesty in connection with the business of the Company or its property or the unauthorized use of the Companys property have been specifically mentioned as some of the misconducts within the meaning of the Standing Orders of the said Company.
(3.) HAVING been served with the aforementioned charge -sheet, the petitioner asserts that he, on his part, submitted his reply on 20.7.1985 wherein he stated that the allegations brought against him are absolutely false and that the land in question did not belong to him and that he was also in no way concerned with the said piece of land. He also stated that he had not built any structures thereon.;