AMARESHWAR SAHAY, J. - (1.) THE Management of Bokaro Steel Plant Ltd., has challenged the award of the Presiding, Officer, Labour Court, Bokaro dated 19.04.2001 as contained in Annexure -10 to this application, whereby the Labour Court in an answer to the reference made to it, hold that the action of the management in dismissing the workman from service of the company by office order dated 23.05.1992 was illegal, improper and unjustified and consequently the workman was directed to be reinstated with full back wages and other consequential benefits.
(2.) AS it appears that the case of the management is that the workman Alamdar Khan was appointed as welder/Gas Cutter on 10.12.1972. He while in service contracted another marriage during the life -time of his first wife without permission of the Management which according the Management was an act of gross misconduct. It is said that at the time of entering in the service the workman had made a declaration that he was unmarried and subsequently in the year 1974 he informed the management that he married Anwari Khatoon, on 17.06.1974 at Gaya and accordingly the name of his wife Anwari Khatoon was recorded in his personal file as his wife. In the year 1990 the said wife of the workman made a written complaint to the Management that Alamdar Khan had contracted another marriage with, one Ajmeri Khatoon, daughter of Md. Jafiruddin Khan of village Hridya Chak P.S. Mehandia District Jehanabad and was living with her. The Management made an inquiry and thereafter found it to be a true and then initiated a Departmental proceeding against the concerned workman and accordingly, he was charge - sheeted for committing misconduct in contracting another marriage during the life time of his wife. An Inquiry Committee was constituted to enquire into the charge and thereafter on the basis of the finding of the Enquiry Committee, which held the charge of misconduct against the petitioner proved, the workman was dismissed from service of the company. The concerned workman thereafter made a demand through his Union for setting aside his dismissal and for his reinstatement. The matter was referred to the appropriate Government and then the dispute was referred by, the Government to the Labour Court for adjudication, "as to Whether the termination of services of the concerned workman Md. Alamdar Khan, welder staff, was proper, if not, to what relief workman is entitled to." On the other hand the case of the workman is that his termination from service is illegal, arbitrary and unjustified. He contracted marriage with Anwari Khatoon in the year 1974 and out of the their wedlock six children were born and he was living with, his wife and children. He did not contract any other marriage with any Ajmeri Khatoon daughter of Md. Jafiruddin Khan of village Hridya Chak P.S. Mehandia District Jehanabad. His further case, is that Enquiry Committee did not conduct the enquiry in a free and impartial manner and it acted only on the dictate of the management without finding the truth. In course of enquiry neither the complainant Anwari Khatoon nor her children or her parents or any of the relative or any independent witness was examined before the Enquiry Committee in support of the charge.
(3.) THE Labour Court on consideration of the materials and evidence adduced before it by the impugned Award held that the termination of the workman was illegal, improper and unjustified and thereby ordered for reinstatement of the concerned workman with full back wages and other consequential benefits as has already been noticed above.;