Employer must conduct a proper enquiry before imposing punishment, and legal heirs can claim benefits in case of the workman's death during proceedings.

JUDGMENT :

RAJA BASU CHOWDHURY, J.

1. The present writ petition has been filed, inter-alia, challenging the award dated 1st December, 2009 passed by the Central Government Industrial Tribunal cum Labour Court at Asansol, West Bengal.

2. The petitioner is a Government Company within the meaning of Companies Act, 1956. In usual course, the petitioner had appointed one, Gobardhan Bauri (hereinafter referred to as the “workman”) as an underground loader at Manoharbahal Colliery of the petitioner. Since, the workman had unauthorisedly absented himself from his duty from 23rd April, 2001 to 23rd November, 2001, a charge sheet dated 23rd November, 2001 was issued for his unauthorized absence. According to the petitioner, an enquiry officer was appointed to enquire into the charges levelled against the workman. Since, the workman did not appear before the enquiry officer, the enquiry was held ex-parte and the enquiry officer had given a report as regards the findings of the enquiry on 26th February, 2003, holding that the charges levelled against the workman stood proved.

3. The General Manager, Salanpur Area, as the Disciplinary Authority after going through the enquiry report submitted by the enquiry officer and while concurring with the findings of the enquiry officer, by an order dated 18/20th March, 2003 had dismissed the workman with immediate effect. At the instance of the workman, through the concerned union, a conciliation proceeding was initiated and ultimately, the conciliation having failed, by an order dated 28th December, 2006, the Central Government as the appropriate Government was, inter alia, pleased to refer the disputes between the parties in exercise of powers conferred under clause (d) of subsection (1) and sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as the “said Act”), for adjudication to the Central Government Industrial Tribunal-cum-Labour Court at Asansol, West Bengal, by framing the following issues:

“Whether the action of management of Manoharbahal Colliery of M/s. ECL in dismissing Sri Gobardhan Bouri, U.G. Loader from service w.e.f. 20.3.2003 is legal and justified? If not, to what relief is the workman entitled?”

4. By the self-same order, the workman concerned was directed to file a statement of claim complete with relevant documents, list of reliance and witnesses with the Tribunal within 15 days from the date of receipt of the order of reference and was further directed to forward a copy of such statement to each of the opposite parties involved in the disputes in terms of Rule 10(B) of the Industrial Disputes (Central) Rules, 1957. It is not in dispute that union espousing the cause of the workman had filed written statement, inter-alia, praying therein as follows:

“It is therefore prayed that the Hon’ble Tribunal may kindly declare the said dismissal order illegal and unjustified and direct the management of Manoharbahal Colliery of M/s E.C.L. to give employment to the widow of the deceased employee as per provisions of NCWA and assuming the workman in service at the time of death. The management may also be directed for payment of back wages of the workman till his date of death and all other consequential benefits.”

5. In the interregnum, however, the workman had died during the conciliation proceeding. The petitioner, however, did not file any written statement nor did it adduce any evidence. Ultimately, the Learned Tribunal by award dated 1st December, 2009 was, inter-alia, pleased to hold that the order of dismissal dated 20th March, 2003 cannot be held to be justified and accordingly set aside the same. Since, the workman had died in the interregnum and was represented by his widow, Smt. Janta Bauri, it was provided in the award that she shall be entitled to financial benefits which would have been disbursed in favour of the workman, had he been alive, including benefits that would lawfully flow down to the successor of the workmen, dying in service, in