Point of Law: Misconduct - Termination Order set aside and reinstated the workmen - Whenever charge of misconduct is leveled against an employee, same requires to be proved in a proper enquiry. Nothing was done in instant case and Management failed to prove misconduct committed by workman.

JUDGMENT :

S.N. PATHAK, J.

1. In view of outbreak of COVID-19 pandemic, case has been taken up through Video Conferencing on various dates and finally on 01.02.2021, it has been reserved for final Judgment. Concerned lawyers have no objection with regard to the proceeding, which were held through Video Conferencing. They have no complaint in respect to the audio and video clarity and quality.

2. The petitioner-Management of Jamshedpur Worker’ College Employees Credit Cooperative Society Ltd. has knocked door of this Court with a prayer for quashing the Award dated 28.04.2010, passed in Reference Case No. 16 of 2002 by which order of dismissal of respondent as Clerk-cum-Accountant has been held to be illegal and the termination order has been set aside and the workman is directed to be reinstated to his post along with 50% backwages with effect from 11.01.2001 with all other consequential benefits. It has also been directed that the workman shall be deemed to be in continuity of service.

3. Fact of the case in brief is that the respondent-workman joined the service on 28.04.1987 and was the permanent employee of the petitioner-Management. His services was confirmed to the post of Accountant-cum-Office Assistant on and from 17.04.1990 and confirmation was duly approved by Assistant Registrar of the management vide letter no. 938, dated 31.12.1994. However, without any rhyme or reason, vide letter no. 25/2001, dated 11.01.2001, issued by the Secretary of the petitioner-Management, the respondent-workman was informed that he has been terminated with immediate effect and another person was engaged in his place. Being aggrieved, the respondent-workman represented before the Management on 20.01.2001 but no response was made to him. Being aggrieved, the respondent-workman raised Industrial disputes against his termination from the service. The appropriate Government, vide Notification No. 1/ Shram-D-01-31/2001, LE&T-796, dated 14.12.2002, referred the matter before the Industrial Tribunal with the following terms:

“Whether the dismissal of service of Jitendra Kumar Tiwari, Clerk-cum-Accountant, the workman, Jamshedpur Workers’ College Employees’ Credit Cooperative Society Ltd. Mango, Jamshedpur is legal and Justified? If not, what relief he is entitled to?

4. After receipt of notification from appropriate Government, notices were issued to both sides, who appeared and filed their respective written statements/reply. Thereafter, the following issues were framed by the Tribunal:

(i) Whether the termination of services of the workman Jitendra Kumar Tiwary, Clerk-cum-Accountant, the workman of Jamshedpur Workers’ College Employees Credit Cooperative Society Ltd., Mango, Jamshedpur, as made by the management is proper and justified?

(ii) Whether the instant reference is barred by the principles of res-judicata?

(iii) Whether workman Jitendra Kumar Tiwary committed any misconduct and compelled the management to take drastic steps to terminate the services of the workman?

(iv) To what relief/relieves, workman is entitled to receive?

5. After hearing the parties, considering facts and circumstances of the case, evidences adduced by the parties, the reference was answered in favour of the workman and against the Management. After setting aside the letter of termination issued against the workman, the Tribunal further directed to reinstate the respondent-workman to his post along with 50% backwages from the date of termination till the date of reinstatement i.e. from 11.01.2001 and all other consequential benefits. The Tribunal further directed that the workman shall be deemed to be continue in service without any break. Being aggrieved, the petitioner-Management has knocked door of this Court.

6. Mr. Saurav Arun, learned counsel appearing for the petitioner-Management submits that Jamshedpur Worker’ College Employees Credit Cooperative Society Ltd. is a registered Society under the Bihar and Orissa Cooperative Society Act, 1935 with the object for promoti