M.Y.EQBAL AND JAYA ROY JJ. - (1.) THIS appeal under clause 10 of the Letters Patent is directed against the judgment dated 16.5.2007 passed in W.P. ( L) No. 1396/2003 whereby the learned Single Judge allowed the writ petition and set aside the award passed by the Central Government Industrial Tribunal No. 2, Dhanbad in Reference Case No. 127/95.
(2.) THE matter was sent to the Tribunal for adjudication of the following dispute: " Whether the action of the management of Lodna colliery of M/s BCCL in dismissing S/Shri Nand Kishore Ram and Ram Lakhan Ram Miner/Loader with effect from 19/22nd November, 1990 is justified ? If so to what relief the concerned workmen are entitled - The facts not in dispute, are that the appellants who are the concerned workmen , were given employment temporarily in the year, 1990 under a special drive for appointment of Scheduled Caste and Scheduled Tribe candidates as per the Scheme of 1986 of the Government of India. After the appellants joined, the certificates produced by them were sent to the Block Development Officer for verification who reported that the said caste certificates were fake and the same were never issued from his office. Consequently the appellants were removed from service by issuing order of termination on 22.11.1990.
(3.) AS stated above, the appellants raised industrial dispute. The Tribunal , after hearing the parties , answered the reference in favour of the concerned workmen -appellants and set aside the order of termination . Aggrieved by the said award the respondent - management moved this court by filing the aforementioned writ petition. The learned Single Judge , after considering the entire facts of the case and the evidences adduced before the Tribunal, came to the conclusion that the termination of the services of the concerned workmen by the management was legal and valid. Consequently the award was set aside. Hence this appeal by the concerned workmen.;