JUDGMENT :

S.N.Prasad, J.

The award dated 13.4.2011 passed by the Industrial Tribunal, Orissa, Bhubaneswar in Industrial Dispute Case No.124 of 2008 has been challenged by the Management-Branch Manager, Orissa AIR Products Ltd., Gundichapada, Dhenkanal, whereby and where under order of dismissal inflicted by way of punishment by the Management-petitioner against the workman has been substituted by the order of reinstatement in service with 50% of back wages from the date of discharge till the award becomes enforceable and imposed punishment of stoppage of two increments of the workman with cumulative effect.

2. Case of the workman in brief is that he was working as Plant Operator in the factory of the management, while he was performing “C” shift duty from 10 P.M. to 6 A.M. he felt acute pain in his left side scrotum for which he was taking rest but without being negligent towards his duty. While he was in rest, the Branch Manager of the factory made a visit and finding him taking rest the Branch Manager thought that he was in deep sleep and for that suspended him from service w.e.f. 28.6.92, followed by charge sheet dated 28.7.92 to which he submitted explanation along with medical r