Virender Singh, J.

1. The instant letters patent appeal has been filed by a Union known as National Colliery Congress on behalf of one workman namely Lalchand Gope (hereinafter to be referred as ‘Workman’), a Night Guard posted in Industry Colliery against whom a criminal case under Sections 379/411 I.P.C. was registered in February, 1994 on the allegation that he was caught stealing one piece of cable by a personnel of CISF. Simultaneously, departmental proceedings were also initiated against him in which ultimately the disciplinary authority passed an order of dismissal from service on 2nd of November, 1994. The workman got acquittal in a criminal case vide judgment dated 25th of February, 1999 of Judicial Magistrate, Dhanbad, copy thereof is available on the memo of appeal as Annexure-1. Thereafter, the Union, on his behalf, raised an industrial dispute (Reference No.280 of 2000) in which Presiding Officer of the Central Government Industrial Tribunal No.I, Dhanbad, considering the gravity of misconduct committed by the workman and keeping in view the proportionality of the punishment to be awarded to him, passed an award in the following terms :-

“The action of the manage