AMARESHWAR SAHAY, J. - (1.) IN this appeal, the appellant i.e. the Management of Amlabad Colliery of M/s. Bharat coking Coal Limited has challenged the order dated 09.12.2005 passed by the learned Single Judge in W.P.(L) No. 5750 of 2005 whereby, the learned Single Judge dismissed the writ petition filed by the Management against an Award of the Central Government Industrial Tribunal No. 1, Dhanbad by which an order of dismissal of the workman Eqbal Alam, Fan Operator, Amlabad Colliery from the service was set aside holding it to be not justified and thereby directed to reinstate him in service with full backwages and other consequential benefits.
(2.) THE facts in short are that the concerned workman Eqbal Ram, Fan Operator, Amlabad Colliery was on duty on 22.07.1992 in the second shift at No. 2 Pit Fan House at about 9:00 P.M., he left the place of his work on the plea that he was going to take tea but he did not return for duty till the end of his shift. The Post Commandant, CISF, Amlabad informed the Management that on information of theft, he visited the place with few C.I.S.F. personnels at No. 1 Pit and found that the concerned workman along with a few others were cutting cables. The concerned workman, seeing the CISF Personnels, ran away along with his associates but the CISF personnels caught hold of him with one piece of stolen cable. They were handed over to the Police. On account of the above misconduct committed by the concerned workman, he was placed under suspension and he was charged under the various paras of the Certified Standing Orders. The concerned workman filed his reply to the chargesheet and thereafter, a domestic inquiry was held by the Deputy Personnel Manager. On behalf of the Management, witnesses were examined and the concerned workman cross examined those management witnesses. Thereafter, the concerned workman also examined himself as well as a witness denying the allegations. The Enquiry Officer submitted his report and on the basis of the said report, the disciplinary authority, by order dated 04/05.12.1992, dismissed the concerned workman from the service. Being aggrieved by the order of dismissal, the respondent Union raised an Industrial Dispute upon which, conciliation was taken up but since it did not materialise, a failure report was submitted. Thereafter, the appropriate Government, by order dated 08.04.1994, referred the following dispute for adjudication: Whether the action of he Management of M/s, BCCL, Showra Ana In relation to Amlabad Colliery in dismissing the workman Sri Ekbal Mia, Fan Operator from the service w.e.f. 05.12.1992 is justified? If not, to what relief the concerned workman is entitled?
(3.) ON receipt of reference, the Industrial Tribunal issued notices to the respective parties whereupon written statements and rejoinders etc. were submitted by the parties. The main plea taken by the concerned workman in his written statement was that on 22.07.1992, he was in second shift duty. There was no arrangement for drinking water at the work site and he was badly feeling thirsty and therefore, he went to a nearby Tea Stall/Hotel belonging to one Nirmal Singh Sondhi. He asked for drinking water from the Tea Stall and as soon as he finished drinking water, some C.I.S.F. personnels arrived at the shop and detained him on the charge that he was one of those thief who were cutting cable in the colliery and thereafter handed over him to the Police. According to the workman, neither anybody had seen him participating in the theft of cable in any manner nor any theft material was recovered from his possession. He further took the plea that the domestic enquiry was held in violation of the principles of natural justice since he was not provided full opportunity to make his submission against the charges. The Management, in its written statement, contended that the domestic enquiry held was fair and proper and after following the principles of natural justice. On the basis of the material on record, the enquiry officer found the concerned workman guilty resulting his dismissal from the service.;