AMARESHWAR SAHAY, J. - (1.) THIS application is directed against the award dated 16.1.1987 of the Central Government Industrial Tribunal No. 2, Dhanbad in Reference Case No. 43 of 1986 by which, the Industrial Tribunal has held that the Management of Simlabahal Colliery of M/s. Bharat Coking Coal Limited was justified in dismissing, the concerned workmen namely, Raja Ram Kahar, Timber Mistiri from service.
(2.) THE Government of India referred the following dispute to the Tribunal for adjudication : - - "Whether the management of Simlabahal Colliery of M/s. Bharat Coking Coal Limited were Justified in dismissing from service from 1.7.1983 Shri Rajaram Kahar, Timber Mistry? If not, to what relief is the workman concerned entitled - The petitioner Raja Ram Kahar was working as Timber Mistry in Bhalgora Section of Simlabahal Colliery of M/s. BCCL. In the night between 12.12.1982 and 13.12.1982 a theft was committed from the safe of cash room of Simlabahal Colliery and cash amounting to Rs. 2,03,537/ - was stolen away. The first information report was lodged by the Management regarding the commission of the said theft at Jharia Police Station on 13.12.1982. The petitioner was one of the suspects and in course of investigation, on 19.12.1982, the Police recovered Rs. 27,184/ - from the house of Bharat Dusadh, Rs. 80,658/ - from the house of Kedar Nath Kahar and Rs. 15,921/ - was recovered from the house of the petitioner i.e., the concerned workman. The Police thus recovered Rs. 1,23,763/ -from the house of the accused persons including that of the petitioner. The Management issued charge -sheet to all the three workman including the petitioner and he was suspended pending enquiry.
(3.) THE main contention of the concerned workman was that the place from which money was recovered, did not exclusively belonged to him.;