- (1.) Heard learned counsel for the parties.
(2.) The appellant faced a disciplinary proceeding under its employer M/s. Bharat Coking Coal Limited ( respondent herein) for having obtained appointment by misrepresenting himself as a land looser. The disciplinary proceeding ended up in his dismissal. On industrial dispute having been raised, the Central Government made a reference to the learned Central Government Industrial Tribunal No. 1, Dhanbad in the following terms for adjudication:- "Whether the action of the management of Tetulmari Colliery under Sijua area of M/s B.C.C.L. in dismissing Sri Mohd. Salimuddin, peace rate Trammer from the service vide their letter No. TK0/F-90/1077/89 dated 30.5/1.6.89 is justified? If not, to what relief the workman is entitled?"
(3.) The learned tribunal by an award dated 09.12.1999 passed in Reference Case No. 37 of 1991 answered the reference in favour of the concerned workman with a direction to reinstate him with full back wages and all other consequential benefits. Aggrieved therefrom the employer approached this Court in C.W.J.C. No. 1487 of 2000(R). The learned Single Judge by the impugned judgment dated 28.04.2009 was pleased to allow the writ application and quash the impugned award. The workman is in appeal against the findings of the learned Single Judge. The appellant/workman died during pendency of the appeal and has been substituted by his widow, two major sons and two minor sons.;