JUDGMENT :

MANISH CHOUDHURY, J.

1. The instant writ petition under Article 226 of the Constitution of India is preferred by the Management of M/s Bogapani Tea Estate to assail an Award dated 07.11.2012 passed by the learned Labour Court, Dibrugarh in Reference Case no. 14/2004. By the Award dated 07.11.2012, the learned Labour Court, Dibrugarh (‘the Labour Court’ for short) has held that the Management side had failed to prove or to justify their action of dismissing the 4 (four) Workmen viz. (i) Bijoy Lachman, (ii) Kali Budhua, (iii) Somra Etowa and (iv) Sushil Budhua. By holding so, the learned Labour Court has observed that the Management is bound to reinstate the 4 (four) Workmen. It has been held that since in the case of the Workmen named Somra Etowa, reinstatement is not possible because of his death, sufficient compensation has to be given to the legal heirs of Somra Etowa. By deciding the Reference in the afore-mentioned manner, the learned Labour Court has directed the Management side to reinstate the Workmen with full back wages and to disburse sufficient compensation in monetary terms to the legal heirs of the deceased workman named Somra Etowa. Before the learned Labour Court, the 4 (four) Workmen were represented by the Secretary, Assam Chah Mazdoor Sangha, Margherita Branch, a trade union of tea garden Workmen registered under the Trade Union Act, 1926.

2. It is not in dispute that the 4 (four) persons viz. (i) Bijoy Lachman, (ii) Kali Budhua, (iii) Somra Etowa and (iv) Sushil Budhua were Workmen in M/s Bogapani Tea Estate, located in the district of Tinsukia. The genesis of the dispute was an incident allegedly occurred on 01.04.1999 within the premises of M/s Bogapani Tea Estate. The allegations leveled against the 4 (four) Workmen were inter alia to the effect that at about 11-30 a.m. on 01.04.1999, they had assaulted one Rajat Johar, a Welfare Officer of M/s Bogapani Tea Estate. The allegation was to the effect that on that day, when the Welfare Officer asked the Workmen of the Tea Estate including the 4 (four) Workmen herein, to re-pluck the area properly, an altercation ensued between them and the Welfare Officer was allegedly assaulted at an area named Section no. 38 on South Side Division of the Tea Estate. After the alleged incident, which occurred on 01.04.1999, the 4 (four) Workmen were suspended on 02.04.1999 by Suspension Orders of even date, pending initiation of domestic enquiry and final orders to be passed thereon. Thereafter, charge-sheets, all dated 08.05.1999, were served upon the 4 (four) delinquent Workmen asking them to submit their explanations, within the stipulated time period mentioned therein, as to why disciplinary action should not be taken against them. In reply to the charge-sheets, all the 4 (four) Workmen submitted their replies on 17.05.1999. After receipt of the explanations from the 4 (four) Workmen, the same were stated have been considered by the Senior Manager, M/s Bogapani Tea Estate. Notices of Enquiry dated 19.05.1999 were thereafter, served upon the 4 (four) Workmen stating that the explanations furnished by them were found not satisfactory and that the Management of M/s Bogapani Tea Estate had decided to hold an enquiry in respect of the charges leveled against them. By the Notices of Enquiry, the 4 (four) Workmen were directed to be present in the domestic enquiry proceedings with the further observation that they would be given full opportunity to give their defence. An Enquiry Officer was thereafter, appointed. In the course of the domestic enquiry proceedings, the Management side examined 5 (five) nos. of witnesses as Management Side Witnesses (MWs.) and they were: (i) MW-1 - Sri Pravir Kumar Murari, Senior Assistant Manager, M/s Bogapani Tea Estate (examined and cross-examined on 25.05.1999); (ii) MW-2 Rajat Johar, Welfare Officer, M/s Bogapani Tea Estate (examined and cross-examined on 25.05.1999); (iii) MW-3 - Lalit Chandra Bora, Zamadar Babu (examined and cross-e