ORDER :

Shree Chandrashekhar, J.

The appellant is in appeal against the order dated 7th March 2018 passed in W.P.(L) No. 6964 of 2012 whereby the award made by the Central Government Industrial Tribunal No.I, Dhanbad in Reference No.43 of 2010 has been set-aside by the writ Court.

2. Briefly stated, Shyam Lal B.P was appointed on 20th November 1974 as casual worker in Tapin South Colliery. The appellant faced an enquiry on the allegation that impersonating himself as Shyam Lal B.P who had died on 19th July 1976 he continued to work in his place and thereby committed gross misconduct. A charge-memo was served upon the appellant on a similar allegation indicating therein that the death certificate issued by the Station Officer, Jaijaipur PS, district-Bilaspur, (M.P) confirmed the death of Shyam Lal B.P on 19th July 1976 which was further confirmed by elder brother of the deceased employee and Sarpanch of village Taldeori. In the departmental enquiry against the appellant, G. C. Prasad and U. K. Tripathy tendered materials which were collected by them during the preliminary enquiry by visiting the village of Shyam Lal B.P. A copy of the complaint vide Ext.-ME-1 and the application made f