- (1.) IN this writ petition the petitioner' has challenged the award dated 29.9.1999 passed by the Central Government Industrial Tribunal No. 1 Dhanbad. The following dispute was referred to the Tribunal for adjudication: '' "Whether the demand of Shri Manoj Kumar Sinha, Typist -cum -Clerk, Pootkee Balihari Area of M/s Bharat Coking Coal Limited, for reinstatement in service with full back wages is justified? If not, to what relief is the workman entitled to - Arun Choudhury Versus State Of Jharkhand
(2.) THE brief facts of the case is that the petitioner Manoj Kumar Sinha, hereinafter called the concerned workman, was a typist -cum -clerk posted in the Civil Construction Department in Putki Balihari Area of M/s Bharat Coking Coal Limited. In between the period from December 1981 to December 1982, 11 workmen were inducted into employment in the aforesaid area on the basis of forged and fabricated letters of appointment issued under the forged signature of the then Deputy Personnel Manager (Manpower) Incharge of recruitment of M/s Bharat Coking Coal Limited. The matter of fake appointment, was enquired into and on initial enquiry the complicity of the petitioner came to light. He was charge -sheeted for the aforesaid commission of misconduct. He filed his show cause but not being satisfied with his reply, the Personnel Manager was appointed to enquire into the charges against the petitioner and 5 others, who allegedly connived in the fraud played upon the Management by inducting 11 employees on the basis of the forged and fabricated appointment letters. The main allegation against the concerned workman, i.e. this petitioner is that while he was posted in the Civil Construction Department, though he had nothing to do with the Personnel Department but he typed forged appointment letters on the typewriter machine allotted to him in favour of those candidates seeking employment and accompanied them to the area office alongwith forged appointment letters. Thereafter, deposited the appointment letters in the area office and requested to issue the posting orders. As per the allegations, the joining letters submitted by the fake appointees were prepared by this petitioner under his own handwriting thus he played active role in getting 11 fake appointees posted on the strength of forged and fabricated appointment letters under the forged signature of R.P. Singh, Deputy Personnel Manager (Manpower), B.C.C.L. The Enquiry Officer submitted his report finding him guilty of misconduct and, thereafter, on the basis of such report the petitioner was dismissed from service by issue of letter under the signature of G.M. - cum -Chief Mining Engineer. The question of fairness of domestic enquiry was taken up and it was held to be fair and proper. Subsequently, the Tribunal passed an award holding that the action of the Management was justified and the demand of the concerned workman for reinstatement with full back wages was not at all justified.
(3.) THE said award of the Tribunal was challenged before this Court in CWJC No. 2657 of 1997(R), which was allowed and the award of the Tribunal was set aside. The matter was remanded back for passing a fresh award on the ground that the Tribunal did not reappraise the materials on record as required under Section 11 -A of the Industrial Disputes Act.;