Rajesh Shankar, J. - (1.) The present writ petition has been filed for quashing the award dated 29.01.2014 passed by the Presiding Officer, Central Government Industrial Tribunal No.2, Dhanbad (hereinafter referred to as 'the learned Tribunal') in Reference No. 28/2006 whereby the learned Tribunal has held that the action of the petitioner-management in terminating the respondent-workman from the service of m/s Central Coalfields Limited w.e.f. 14.01.2005 is illegal and unjustified and hence the respondent-workman is entitled to reinstatement with 50% back wages and concomitant benefits. The learned Tribunal has further directed the petitioner-management to implement the award within one month from the date of receipt of the same following its publication in the Gazette of India.
(2.) The respondent-workman was terminated from the service of the petitioner-management w.e.f. 14.01.2005 on the ground of habitual absenteeism from duty. An industrial dispute was raised against the said termination which was finally referred by the Government of India, through Ministry of Labour under Section 10(1)(d) of the Industrial Dispute Act, 1947 to the Central Government Industrial Tribunal No.2, Dhanbad for adjudication having the following terms of reference:- "Whether the action of the Management of Kuju Colliery of M/S CCL to terminate Shri Sarlu Mahto, PRW, from the service of the company w.e.f. 14.01.2005 is legal and justified? If not, to what relief is the workman entitled?"
(3.) The learned Tribunal, vide order dated 10.10.2011, held the domestic enquiry to be fair, proper and in accordance with the principles of natural justice and thus the said reference was heard on merit. After considering the evidence adduced by both the parties, the learned Tribunal came to a finding that though reasonable evidence was available on record that the respondent-workman was not absent from 08.09.2002, rather he was on sick leave, yet the charge sheet was served on him leading to his dismissal from service. The learned Tribunal also took note of the fact that the respondent-workman, who was a permanent employee of Kuju Colliery of M/S CCL as a piece rated worker, was a Tuberculosis patient and was referred to the Central Hospital, Naisarai for treatment on 19.09.2002 as an outdoor patient, as admitted by Dr. S. Kumar, Sr. Medical Officer, before the enquiry officer on 15.07.2004. The said doctor further admitted before the enquiry officer that the respondent-workman got treatment as an outdoor patient and was also hospitalized in the said hospital on 112.2002 and remained under treatment till 26.12.2002. Thereafter, having been declared fit for duty, he submitted the papers relating to his medical treatment to the management. During industrial adjudication, R. P. Verma, the management witness, also affirmed the fact that the respondent-workman was on sick leave w.e.f. 08.09.2002, as was noted in the attendance register (Form-C).;