JUDGMENT

Hiranmay Bhattacharyya, J. - Eastern Coal Fields Limited (hereinafter referred to as 'management') filed this writ petition challenging the award dated April 17, 2013 passed by the Presiding Officer Central Industrial Tribunal can Labour Court, Asansol (for short 'the Tribunal') in Reference Case no. 18 of 2004. By the impugned award, management was directed to reinstate the workman i.e., the respondent no. 1 herein from the date of dismissal that i.e., 18/20-05-1999 with stoppage of two increment and to withhold 50% back wages.

2. In exercise of powers conferred by Clause (d) of Sub-section 1 and Sub-section 2(A) of Section 10 of the Industrial Disputes Act, 1947 (for short 'the ID Act'), the Government of India vide order dated February 25, 2004 referred the dispute as to whether the action of the management in dismissing Sri Lachman Bhuiya from service vide letter dated 18/20.05.1999 is legal and justified for adjudication by the Tribunal. Tribunal upon receipt of the order dated February 25, 2004 initiated the Reference Case no. 18 of 2004 and issued notices to the respective parties.

3. The case of the union in the written statement filed before the Tribunal is that the