Rajesh Shankar, J. - (1.) W.P.(L) no. 3306 of 2012 has been filed by the petitioner-management for quashing and setting aside the award dated 28.02.2012 passed by the learned Central Government Industrial Tribunal No. 1, Dhanbad (in short "CGIT") in Reference Case no. 22 of 2009 whereby the respondent-workman has been ordered to be reinstated with 50% back wages from the date of dismissal till the date of reinstatement.
(2.) W.P.(L) No. 3301 of 2012 has been filed by the petitioner management for quashing and setting aside the award dated 05.03.2012 passed by the learned CGIT, Dhanbad in Reference Case no. 57 of 2005 whereby the respondent-workman has been ordered to be reinstated with 50% back wages from the date of dismissal till the date of reinstatement.Factual matrix of W.P.(L) no. 3306 of 2012
(3.) The respondent-workman was working under the management of M/s. Tata Steel Ltd. as Nitrogen Plant Operator. On 04/05.01.2001, the respondent-workman was issued a charge-sheet under Clause 19(16) of the Company's Standing Order containing the charge that he absented himself from duty for more than 10 days. The respondent-workman was finally dismissed from service on 24.12.2001. An industrial dispute was raised against the said dismissal through the concerned Union. On failure of conciliation proceeding, the Central Government vide order dated 09.04.2009 referred the matter before the CGIT for adjudication with following terms of reference: "(i) Whether the action of the management of Sijua Colliery of M/s Tata Steel Limited in dismissing Shri Kamal Prasad Mehta, Nitrogen Plant Operator from the services of the company w.e.f 24.12.2001 is justified and legal? (ii) To what relief is the workman concerned entitled?" ;