EMPLOYERS IN RELATIONA TO THE MANAGMENT OF LODNA AREA OF BCCL Vs. THEIR WORKMEN
LAWS(JHAR)-2009-5-14
HIGH COURT OF JHARKHAND
Decided on May 08,2009

EMPLOYERS IN RELATION TO THE MANAGEMENT OF LODNA AREA OF BCCL Appellant
VERSUS
THEIR WORKMEN Respondents

JUDGEMENT

M.Y.EQBAL, J. - (1.) This appeal under Clause 10 of the Letters Patent is directed against the judgment dated September 7, 2006 passed in W.P. (L) No. 4800/2006, whereby the learned single Judge dismissed the writ petition holding that the award passed by the Central Government Industrial Tribunal, Dhanbad is perfectly legal and valid.
(2.) The facts of the case lie in a narrow compass.
(3.) The concerned workman was trammer at Lodna Colliery under the appellant. The management issued a charge sheet dated October 21, 1993 to the concerned workman seeking explanation for his absence without leave. The concerned workman submitted his explanation denying the charges brought against him. A departmental proceeding was initiated. On the basis of report of the enquiry officer, the management imposed him punishment by putting him in "Badli list". In 1994 the management issued another charge sheet dated October 19, 1994 alleging that the concerned workman produced fake medical documents at the time of first enquiry in support of his unauthorized absence. After holding the enquiry the management dismissed him from service. Thereafter an industrial dispute was raised and dispute was referred to the Tribunal for adjudication. "Whether the action of the management of Lodna Colliery of M/s B.C.C.L. in dismissing the services of Shri Ram Sakal Mali, Trammer w.e.f. November 4, 1995 is justified? If not, to what relief is the concerned workman entitled?";


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