With consent of learned counsel for the parties, the matter is finally heard.

1 Only issue which arises for consideration is as to whether the Central Government Industrial Tribunal-cum-Labour Court having held that the domestic enquiry leading to termination of the petitioner being vitiated was justified in only giving compensation instead of directing for reinstatement with back wages.

2. Appointed in 1973 in Eklehra Colliery the petitioner was promoted as Trammer and as Clipman-IV. That while posted at Gajandoh Colliery, petitioner was proceeded against with the issuance of charge sheet. The charges levelled against him were that of theft, fraud, dishonesty with employers business and property, culminating in order of dismissal which led the petitioner raise an industrial dispute which being not resolved in conciliation resulted in reference to CGIT for adjudication as to ‘whether the action of the management of Gajandoh Mine of Western Coal Fields Limited in dismissing the services of Shri Faiyazuddin clipman w.e.f. 11.11.1992 is legal and justified? If not, what relief the workman is entitled to?”

3. CGIT by order dated 11.8.2014 set aside the domestic enquiry on the finding