NARENDRA NATH TIWARI, J. - (1.) IN this writ petition the petitioner has prayed for quashing the Award dated 28.2.2000 passed by the respondent No. 1 in Reference No. 228 of 1994, whereby the action of the Management in dismissing the concerned workman has been held to be not justified and the concerned workman has been held to be entitled for full back wages, continuity of service and other consequential benefits.
(2.) THE short fact of the case is that the concerned workman Ratio Oraon was engaged as a coal cutter in Topa Colliery. The said colliery was nationalized under the provisions of Coal Mines Nationalisation Act w.e.f. 31.1.1973. Service of the said workman was, thereafter, regularized and he was appointed as Peon on 25.6.1977. He was then transferred to the C.C.L. headquarters. On getting information that in place of said Ratio Oraon one Thakur Prasad Mahto has been working in the name of Ratio Oraon, a charge sheet was issued to the concerned workman on 2.6.1988. A domestic enquiry was conducted. On the conclusion of domestic enquiry the concerned workman was found guilty and was dismissed on 23.9.1993. The concerned workman, thereafter, raised an industrial dispute. The dispute was referred to the Central Government Industrial Tribunal No. 1, Dhanbad for adjudication. The term of the reference was as follows: Whether the action of the management of M/s. Central Coalfields Ltd., Headquarters Darbhanga House, Ranchi is justified in dismissing the workman Shri Ratia Oraon, vide their Order No. 2827/P/8384 -62 dated 23.9.1993 ? If not, to what relief the workman is entitled? Before the Tribunal, the Management and the concerned workman appeared and filed their written statements. The concerned workman inter alia stated that the domestic enquiry was not fair and proper and punishment of dismissal was arbitrary. It was further stated that he was working at Topa Colliery in the year 1973, which was later on taken over by the Government of India. After due screening of all the records and antecedents, his service was regularized w.e.f. 5.4.1973. He was, thereafter, appointed as Peon on 25.6.1977 and transferred to C.C.L Headquarters at Ranchi. Since then he had been working at the C.C.L. Headquarters. It has been further stated that he is Ratia Oraon son of Birja Oraon and the charge that one Thakur Prasad Mahto has been working in his name, is wholly baseless. It was further stated that his father died while he was aged about two years. His mother, in that circumstance, had to earn livelihood. He in such condition started working as domestic help in the house of one Chulhan Mahto. The concerned workman was brought up by the said Chulhan Mahto, but he retained the name of his father in school leaving certificate as Birja Oraon. Since he was brought up by Chulhan Mahto, he is his foster father. Everything was verified by the custodian at the time of screening of the records after taking over of the colliery by the Government. He, thereafter, was regularized and transferred to C. C.L. Headquarters at Ranchi. Identity card was issued to him. Ignoring all those admitted documents on record he has been baselessly held guilty of charge of false impersonation. The enquiry was not proper and fair. No legal evidence was brought to prove that he is Thakur Prasad Mahto son of Chulhan Mahto. There is no other person known as Ratia Oraon son of Birja Oraon except him.
(3.) THE management in the written statement, on the other hand, stated that one Jodhan Mahto made a written complaint that the concerned workman is Thakur Prasad Mahto/son of Chulhan Mahto and he has been working in the name of Ratia Oraon falsely impersonating himself. On the said complaint a preliminary enquiry was conducted by a committee consisted of the three members. The committee was headed by Shri Suresh Prasad, Deputy Chief Personnel Manager (SE) and other two members were Shri P.S. Verma, Senior Security Manager and Shri H. Kujur, Senior Personnel Officer, C.C.L. After holding preliminary enquiry a report was submitted. In the enquiry it was transpired that Thakur Prasad Mahto son of Shri Chulhan Mahto has been working as peon/chain man at C.C.L. Headquarters impersonating himself as Ratia Oraon son of Birja Oraon. On that basis the concerned workman was proceeded against. On conclusion of the domestic enquiry the concerned workman has been held guilty of the charge of impersonating himself as Ratia Oraon and playing fraud on the company. He was awarded punishment of dismissal. The domestic enquiry was fair and proper and there was no illegality in the finding and holding the concerned workman guilty of false impersonation and awarding punishment of his dismissal from service.;