AMARESHWAR SAHAY, J. - (1.) IN this application the petitioner TELCO has challenged the Award dated 5.1.1996, passed by the Labour Court, Jamshedpur in Ref. Case No. 10 of 1987 as contained in Annexure -7 whereby the Labour Court, set -aside the order of dismissal from service against the respondent No. 2 namely N.K. Singh and directed him to reinstate in service with half wages and other consequential benefits including continuity of service.
(2.) THE facts which are not In dispute arc that the respondent No. 2 N.K. Singh i.e., the concerned workman was in unauthorised occupation of the Company 'squarter No. N -121/4 and one another workman namely R.P. Singh was in unauthorised occupation of Company 'squarter No. K -11/8. Against both of them Civil Suits were filed for their eviction and the suits were decreed in favour of the Company. For execution of the decree passed against both the aforesaid workmen i.e. the petitioner and R.P. Singh. Nazir of Civil Court and A.K. Banerjee Town warden with other officers from the Company went to get vacant possession of the aforesaid two quarters. The respondent No. 2 namely N.K. Singh vacated the quarter No. N -121/4 under his unauthorised occupation. The facts which are disputed are that when the Nazir of the Civil Court went to get vacant possession of the quarter No. K -11/8 held by the workman R.P. Singh, the respondent No. 2 herein i.e.. N.K. Singh assaulted the Town Administration A.K. Banerjee, who had gone there along with the Nazir to get possession of the quarter No. K -11/8 for which a criminal case was also instituted against the respondent No. 2 N.K. Singh and the other workman R.P. Singh but the said criminal ease ended in acquittal.
(3.) IT is also not disputed that the petitioner company issued charge sheets against N.K. Singh and R.P. Singh both and ultimately both were dismissed from the service. R P Singh the other workman raised Industrial Dispute culminating into Ref. Case No. 4 of 1986.;