JUDGMENT :

MANISH CHOUDHURY, J.

1. The writ petition is preferred by the Secretary, Assam Chah Karmachari Sangha, a trade union of tea garden workmen registered under the Trade Union Act, 1926, on behalf of the Workmen of M/s Dayang Tea Estate. In this writ petition instituted under Article 226 of the Constitution of India, an Award dated 06.11.2012 passed by the learned Presiding Officer, Labour Court, Dibrugarh [‘the Labour Court’, for short] in Reference Case no. 20 of 1999 has been assailed. In the Award dated 06.11.2012, the learned Labour Court has held that there is nothing to hold that the two charge-sheeted Workmen did not get any opportunity to defend their cases. It has proceeded to hold that the Management was justified in dismissing the two Workmen after holding the domestic enquiry and as such, there is no justification for directing reinstatement of the said two delinquent Workmen.

2. The two Workmen viz. [i] Sri Benudhar Tassa, and [ii] Sri Mubarak Ali, were employed as 4th Tea House and Driver respectively at the tea estate known as M/s Dayang Tea Estate situate in District – Golaghat. The genesis of the present case is an incident which occurred on 05.10.1998. It was