- (1.) IN this writ petition the petitioner has prayed for quashing the part of the award dated 12.3.01 passed in Reference Case No. 226/1990 by the Presiding Officer, Central Government Industrial Tribunal No.I, Dhanbad whereby though the petitioner has been reinstated, he ahs been denied back wages and other consequential reliefs.
(2.) ACCORDING to the petitioner, learned Tribunal while rendering the award of his reinstatement has erroneously refused back wages and other consequential benefits. In view of the award, he is also entitled to get full back wages and other consequential benefits. The brief fact of the case is that the petitioner was working in Kedla North Colliery as Motor Vehicle Driver, Category -II. He was also the Organizing Secretary of Rashtriya Colliery Mazdoor Santh (INTUC). According to the petitioner, since he had raised several demands on behalf of the workmen before the authorities, the same was taken in bad taste by the concerned authorities. The petitioner was served with a revengeful charge sheet dated 5.1.88 and he was put under suspension. The petitioner in the meanwhile, fell seriously ill. The respondents proceeded with the departmental enquiry. A police case was also instituted against the petitioner. In spite of his illness and the request made for stay of the departmental proceeding, the departmental proceeding was not stayed and the enquiry was concluded in absence of the petitioner holding him guilty of the charges. By order dated 18.10.88 the petitioner was awarded punishment of demotion from the post of M.V Driver Category -IV to the post of Truck Khalasi in Category -II. The authorities did not stop there. They issued another chargesheet dated 29.1.88 against the petitioner with the allegation that the petitioner entered into the office of the Project Officer without taking his permission and shouted at the Superintendent of Mines, who was sitting in the office of the Project Officer. Against the said charges the petitioner filed his reply denying the same. The inquiry officer thereafter proceeded with the said enquiry. In the meanwhile, the petitioner was taken into custody in connection with a criminal case and as such he could not again participate in the enquiry. The enquiry proceeded ex parte and on conclusion of the same, the petitioner was held guilty of misconduct and was awarded punishment of stoppage of his two increments by letter dated 10.10.1988. The petitioner thereafter was served with the third charge sheet with the allegations of chasing the Dy.C.M.E, Kedla Opencast Project and abusing him and throwing big stones with intention to break the door of his office. The further allegation was that when the security personnel tried to stop him, he took out a revolver and intimidated the security personnel. Against the third charge the concerned workman (petitioner) filed his reply, but the same was not found satisfactory and again the petitioner was subjected to a domestic enquiry. The enquiry officer held him guilty of the charges. This time, by order dated 21.10.88 the petitioner was awarded punishment of dismissal from service w.e.f 24.10.88.
(3.) IT has been submitted on behalf of the petitioner that all the domestic enquiries were perfunctory and eye wash. The enquiries were malicious and illegal. No opportunity was given to the petitioner to defend him and there was blatant violation of the prescribed rule and principle of natural justice.;