- (1.) IN the instant writ petition the petitioner prays for issuance of an appropriate writ in the nature of Certiorari or any other appropriate writ for quashing the Award of the Central Government Industrial Tribunal No.1, Dhanbad dated 9.12.2003 in Ref. No.37/91 whereby and whereunder the said reference has been answered in favour of the concerned workman with a direction to reinstate the concerned workman with full back wages and all other consequential benefits. The petitioner further prays for quashing the Office memorandum dated 22.11.1990 of the respondent No.3 by reasons whereof the dispute although not being an industrial disputes was referred for adjudication to the Industrial Tribunal.
(2.) THE facts, in brief, are set out as under: A Land Acquisition Case No.88/1978 -79 was initiated under the Land Acquisition Act for acquisition of about 6.05 acres of land in plot No.3669 and 3672 in village Bauakalan. Sri Gulam Rasul, Iltaf, Ramjan and Maksuddin s/o Rajan Mian, Manir Mian s/olate Janiyat Mian, Zamir Mian and Muta Mian s/o late Samir Mian and Habib Mian s/o Hiru Mian applied for compensation and received the same from the Office of District Land Acquisition Officer. After receiving the compensation the villagers of village Baukalan were not allowing the Management to take possession of the lands and to construct Coal Handling Plant. They were demanding employment in lieu of land No.3 against 6.05 acres of land. Being compelled the petitioner Management entered into an agreement on 20.05.1982 and agreed to provide three employments to the land losers. Accordingly Gulam Rasul and others nominated Md. Salimuddin for employment and he was accordingly given employment. Since the compensation had been paid and the award was prepared in favour of the ancestors of Md. Salimuddin. The Management bonafidely provided employment to Md. Salimuddin as a Piece Rate Miner/Loader. Subsequently his services were regularized. It appears that one Bhola Nath Pramanik made a representation on 19.6.1982 that the lands in plot No.3669 belongs to him and also filed a protest petition before the Land Acquisition Officer informing that the land had already been transferred to them and that Gulam Rasul and others had fraudulently received compensation in L.A. Case No.88/1978 -79. He also produced documents to support the claim vide registered sale deed No.2881 dated 17.3.1952 and informed that the heirs and successors were in peaceful possession of the plot. The Land Acquisition Officer on being satisfied directed Gulam Rasul and others by issuing notice date 18.5.1984 to refund the amount of compensation. The said Sri Mahanand Pramanik also prayed for a reference of the issue before the Land Acquisition Judge and accordingly reference was made to the Second Subordinate Judge, Dhanbad who was also the Land Acquisition Judge, Dhanbad in L.A. reference No.55 of 1982. The learned Land Acquisition Judge vide its order dated 27.01.1984 held that Plot No.3669 was transferred by the guardians of the concerned workman Md. Salimuddin to the parents/guardians of Mahanand Pramanik and others and it also held that Mahanand Pramanik and others were entitled to receive compensation.
(3.) THE Management petitioner, on coming to know of the fraud issued a charges sheet on 25.3.1987 to Md. Salimuddin and as per paragraph 17 (i) of the model standing order suspended him pending enquiry. He submitted his explanation on 4.4.1987 denying the charges. Finally after affording full opportunity the Enquiry Officer gave a report holding the workman Md. Salimuddin guilty of the charges levelled against him and thereafter the disciplinary authority vide its order dated 01.6.1989 dismissed Md. Salimuddin from service.;