M.Y. Eqbal, J.

1. Since all these writ petitions arose out of a common award passed by the Central Government Industrial Tribunal No. 2, Dhanbad, they have been heard together and are being disposed of by this common judgment.

2. In all these writ petitions the petitioner is the Uranium Corporation of India Ltd. By the impugned award dated 18.4.1994 all the four reference cases being Reference Case Nos. 45, 46, 47 and 49 of 1988 have been answered in favour of the workmen.

3. The terms of reference in all the reference cases which were referred to the Tribunal by the Government of India, Ministry of Labour for adjudication read as under :--

Reference Case No. 45 of 1988

Whether the management of UCIL, Jaduguda is justified in dismissing Sri Lusa Manjhi, Minor, T. No. 1401 from service w.e.f. 11.8.1979 vide their order No. UCIL/PF/1401/Admn./Mines/79 dated 11.8.1979. If not, to what relief the workmen is entitled ?

Reference Case No. 46 of 1988

Whether the management of UCIL, Jaduguda is justified in dismissing Sri Doman Hansda, T. No. 1086 from service w.e.f. 11.8.1979 vide their order No. UCIL/PF/108G/Admn/Mines/70 dated 11.8.1979. If not, to what relief the workman is entitled ?

Reference Case No. 47 of 1988

Whether the management of UCIL, Jaduguda is justified in dismissing Sri Charan Manjhi, Helper-C T. No. 1402 from service w.e.f. 11.8.1979 vide their order No. UCIL/PF/1402/Admn./ Mines/79 dated 11.8.1979. If not, to what relief the workman is entitled ?

Reference Case No. 49 of 1988

Whether the management of UCIL, Jaduguda is justified in dismissing Sri Ram Prasad Haldar, Driver, T. No. 740 from service w.e.f. 11.8.1979 vide their order No. UCIL/PF/740/Admn./ Mines/79 dated 11.8.1979. If not to what relief the workman is entitled ?

4. At the very outset it is worth to mention here that in all the four reference cases the fairness and propriety of the domestic enquiry was conceded by the representative of the workers Union and consequently the fairness and propriety of the domestic inquiry was not challenged. In all the cases charge- sheets were issued to the concerned workmen on 15.7.1979 and they were put under suspension on the same day. The Inquiry Officer and the Companys representative in all the cases is the same.

5. In Reference Case No. 45/88 the concerned workmen is Sri Lusa Manjhi. The charge against him were that on 25.6.1977 he had approached Sri A.S. Venkatachar. Deputy Superintendent (Mines) at about 7:10 a.m. at the place of allocation of duty when Sri Venkatachar was busy in allocating the work. The workman asked him to sign the joining report and permit him to join the duty. As the workman has already lost his lien of his appointment, the officer told him to make an application so that necessary order can be passed by the Administration. It is alleged that despite repeated advice given by Sri Venkatachar to go down and wait at his office, the workman insisted on signing the joining report and started assaulting him by holding his shirt collar and giving him blows. When Sri Ray, Superintendent (Mines) tried to pacify the workman, he also assaulted him. The workman took a iron rod from Sri Mithu Lal Gope and was running with it towards Sri Venkatachar to hit him. When he wanted to hit Sri Venkatachar, he was prevented by Sri S. Roy who snatched the rod from the workman. Further charge was that the concerned workman brought a live snake and started terrorizing Sri J.L. Bhasin, Additional Superintendent (Mines) and other officers. Sri Manjhi has gone to other sections of the department in drunken state with live snake alongwith Sri Mithu Lal Gope and incited other striking workmen and terrorize all the person with live snake and forced them to live the work place and come to the Mines Office building threatening them with dire consequences. Further charge is that at about 1 p.m. the concerned workman entered into the meeting room and threatened the officers present thereto give quick decision for his reinstatemen