IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side Present:

The Hon’ble Justice Shampa Dutt (Paul)

WPA 3988 of 2011 Eastern Coalfields Ltd.

Vs.

Shri Magaram Bouri & Ors.

For the Petitioner : Mr. Susanta Pal, Ms. Madhumanti Chakraborty.

For the Respondent : Mr. Ashok Prasad (through VC).

Hearing concluded on : 14.07.2025 Judgment on : 25.07.2025 SHAMPA DUTT (PAUL), J. :

1. The writ application has been preferred challenging the order of reference dated 29^th February, 2000/7^th March, 2000 and the impugned award dated 26^th May, 2010 passed by the Central Government Industrial Tribunal, Asansol.

2. The petitioner company’s case is that the respondent No.1 was working as an Underground Loader at Maize Colliery and he remained absent from his duty unauthorisedly since 10th December, 1997 and as such was charge sheeted by the petitioner company vide charge sheet No. MC/D- 1/89/113/98/969 dated 18th March, 1998 for his acts of Misconduct.

3. The respondent No.1 submitted his reply to the charge sheet but as the explanations offered by the Respondent No.1 was found to be unsatisfactory, a Departmental enquiry was held.

4. The respondent No.1 duly participated in the enquiry