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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