JUDGMENT :

S.N. Prasad, J.

Award dated 8.12.2000 passed in I.D. Case No.79 of 1997 (C) passed by the Industrial Tribunal is under challenge whereby and where under following reference has been made by the appropriate government on 26.05.1995;

“Whether the action of the management of Rampur Colliery, Mahanadi Coal Fields Ltd., P.O.-Brajrajnagar, Dist-Jharsuguda in terminating the services of Sri Anirudha Mahanadia, At-Khindapada, P.O.-Lamtibahal, Dist-Jharsuguda vide management’s letter dated 13.07.1992 was justified ? if not, what relief the workman is entitled to ?”

2. Case of the petitioner-management is that the opposite party-workman was working as Badli Loader and was a habitual absentee from work for which his service could not be regularized and he was finally charge-sheeted on 13.11.1991 for his habitual unauthorized absence, receiving the charge-sheet, he did not submit reply, therefore enquiry committee was constituted, he was noticed to attend the enquiry but did not attend and therefore the enquiry was conducted ex-parte and the Enquiry Officer gave finding holding him guilty, ultimately he was terminated from service on 13.07.1992. According to the management, the enquiry was conducted in fair and proper manner following the principle of natural justice.

3. While on the other hand, case of the opposite party-workman is that he was working as Badli Loader under the management of Hemgir-Rampur Colliery of Mahanadi Coalfields Ltd. w.e.f. 27.11.1978, due Identity Card was issued but after more than 13 years of service, he was removed from service vide order passed in this regard on 13.07.1992 verbally without assigning any reason against which he has made series of representations before the management but however to no effect, so he has preferred an appeal before the Asst. Labour Commissioner, Central Rourkela on 28.04.1993 and the Asst. Labour Commissioner has issued notice to the management and the management after receiving notice, conducted a departmental proceeding on the ground of allegations of unauthorized absence from duty. The charge-sheet was also antedated, no enquiry notice was served upon him, enquiry was conducted as ex-parte, copy of the finding of the enquiry proceeding was not given to him and as such without following the principle of natural justice, he has been terminated from service.

4. The dispute ultimately culminated into a reference vide reference dated 26.05.1995 referring the matter before the Industrial Tribunal to answer the reference with respect to the action of the Rampur Colliery, Mahanadi Coalfields Ltd. in terminating the service of the opposite party-workman vide management letter dated 13.07.1992.

5. After having heard the learned counsel for the parties and after going through the award, it is evident that the Tribunal has formulated altogether three issues that are as follows:-

i. Whether the domestic enquiry conducted against the 2nd party workman is fair and proper.

ii. Whether the action of management in terminating the services of Sri Anirudha Mahanadia vide management’s letter dated 13.07.1992 was justified ?

iii. If not, what relief the workman is entitled to ?

All the issues have been taken together, so far as the fairness of domestic enquiry is concerned, the Tribunal has appreciated the evidence of W.W.1 who has categorically stated that after his termination, when he has appealed before the Asst. Labour Commissioner (C) vide Ext.1 and the A.L.C. (C) called both the parties for conciliation and in the conciliation meeting, the management for the first time disclosed that there was domestic enquiry against him and as per that enquiry he was dismissed from service. He further stated that he was never served with charge-sheet on any date. He was not served with any enquiry report or dismissal order.

6. The M.W.1 who being an office Superintendent of Mahanadi Coalfields Ltd., the management-petitioner herein has stated that for habitual absence, the opposite party-workman was charge-