JUDGMENT :

S.N. Prasad, J.

The award dated 1st February, 1994 passed by the Industrial Tribunal, Orissa, Bhubaneswar in Industrial Dispute Case No. 17 of 1990(Central) is under challenge, whereby and where under order of dismissal has been reversed with the order of reinstatement in service with 50% back wages to be paid by the Management to the workman and punishment of withholding of one increment when his next increment falls due has been inflicted.

2. Brief facts of the case is that the workman who was working as Helper under the Management of Sargipali Mines Project of Hindustan Zink Limited faced departmental proceeding on the allegation of committing theft of a steel sheet, crow bar and some other articles from the Mines premises. An officer of the Mines who was enquiring into the charges having found him guilty submitted a report whereupon the management discharged him from service, this action of the Management is under challenge in Reference which has been answered by the Industrial Tribunal which is under challenge in this writ petition.

The Management has challenged t