JUDGMENT

Dr. B.R. Sarangi, J.

1. The Management-petitioner being the first party member before the Court below, has filed this writ application assailing the award dated 29.6.1998 passed by the Presiding Officer, Industrial Tribunal, Rourkela in I.D. Case No. 59/97-C on the ground that the same is contrary to the settled principles of industrial adjudication and the same has been passed in excess of the jurisdiction conferred under section 11A of the Industrial Disputes Act. The fact of the case in nutshell is that the opposite party Nos. 1 and 2 (opp. party No. 2 has died in the meantime) being the 2nd party workmen were working under the petitioner-management as Choukidars since 1982. In the month of December, 1992 each of them was issued with charge-sheet on the allegation that due to negligence in duty between 10 P.M. of 20.11.1992 and 6 A.M. of 1.12.1992, 4571 pieces of detonators, some copper strips and lightening arrestors were stolen away from the magazine which they were guarding. Subsequently, on enquiry being caused, it was found that on the night of occurrence at 11 P.M. some miscreants caught hold of them and forcibly made them to smell something for which they lost thei