- (1.) THIS appeal has been preferred by the appellant against the judgment dated 26th February, 2003, passed in CWJC No. 2578 of 1995(R), whereby and whereunder, the learned single Judge while dismissing the writ petition, modified part of the award regarding payment of back wages in favour of the workmen, to the extent that the backwages was reduced to 10% from 25%.
(2.) TWO workmen, namely, Girja Singh and Brij Nandan Singh, were in the services of the appellant M/s. Bharat Coking Coal Limited (hereinafter to be referred to as "M/s. B.C.C.L.") were charged with the allegation that they assaulted Sri M.K. Kirmani, Safety Officer, with fists and blows at about 8.15 a.m. on 4th April, 1981. For the same set of charges, while an FIR was lodged against the workmen, departmental proceeding was also initiated against them. During pendency of the criminal case, the enquiry officer held enquiry and submitted enquiry report on 20th July, 1981, holding both of them guilty of the charges. The management of M/s. B.C.C.L., thereafter, dismissed both the workmen vide order dated 20th August, 1981. Being aggrieved, the workmen raised dispute and at their instance, Reference Case No. 99 of 1986 was instituted.
(3.) THE criminal case, instituted against the workmen by the management of M/s. B.C.C.L for the same set of charges on the basis of same evidence, ended in acquittal in favour of the workmen by judg merit dated 30th April, 1984, passed by the learned Judicial Magistrate, 1st . Class, Chas, in G.R. No. 293 of 1981.;