- (1.) Aggrieved by order dated 8.10.2012 in W.P.(L) No. 2761 of 2012, passed by learned Single Judge, the appellant-Central Coalfields Ltd has preferred this Letters Patent Appeal.
(2.) The brief facts of the case are that the respondent workman was working as Attendance Clerk Grade II, at New Khas Seam of Pindra Colliery and was charge-sheeted on 23.07.1997 for assaulting one Virendra Singh, the Project Officer, Pindra Colliery. The respondent did not participate in the domestic enquiry and by order dated 5.9.1997 he was dismissed from service. An industrial dispute was raised by Reference No. 42 of 2010 to Central Government Industrial Tribunal No. I, Dhanbad. The learned Tribunal passed an award dated 30.12.2011 directing reinstatement of the workman with 75% back wages. The award was challenged by the appellant-CCL by filing the writ petition, which was dismissed by order dated 8.10.2012 holding that since the order of dismissal was passed in violation of the principles of natural justice and, since, it is nobody's case that the workman was employed gainfully elsewhere, the learned Tribunal has rightly awarded 75% back wages. Challenging order dated 8.10.2012, the appellant-CCL has approached this Court by filing the present Letters Patent Appeal.
(3.) A counter affidavit has been filed supporting the impugned order dated 8.10.2013. It is stated that on 22.7.1997, it was one Virendra Singh, who had in fact assaulted the respondent-workman and without serving any show cause notice or charge-sheet, an enquiry was conducted and the respondent was dismissed from service vide order dated 5.9.1997. Alleging gross violation of the principles of natural justice, the respondent has tried to support the award made by the learned Tribunal and also the order passed by the learned Single Judge of this Court. In paragraph 19 of the counter affidavit filed in the present proceeding, it is also stated that the workman/respondent was no where gainfully employed during the suspension period and the period from the date of dismissal to the date of superannuation.;