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shivani shorthand typing center jiwaji ganj morena (M.P.) Mob. No. 8871426000

created Nov 24th 2021, 04:13 by Shivani shorthand


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This petition under Article 227 of the Constitution of India, is directed against an award dated 20.10.2014, passed by the Central Government Industrial Tribunal-cum-Labour, Jabalpur (hereinafter referred to as “CGIT”). The CGIT vide impugned award has held that the action of Management of South Eastern Coalfields Ltd. (in short hereinafter referred to as “Management”), Johila Area, in terminating the services of the respondent (in short hereinafter referred to as “Workman”), is illegal and hence, the management was directed to reinstate the workman with continuity of service and 50% back wages.The management is one of the subsidiaries company of Coal India Ltd. (A Government of India undertaking) under the Ministry of Coal. The workman was appointed as General Mazdoor, Category-I on 23.8.1983 by the management. The workman was the President of Trade union and had been raising various grievances relating to Union from time to time. On 17.2.2000, on account of one incident at mine, two workmen lost their lives. The issue was taken-up at the higher level and complaints were made against some of the responsible officers of the management. Thereupon, the cognizance was taken by the Executive Magistrate, Pali, District-Umaria. On 28.11.2000, charge-sheet was given to the workman alleging therein that he was habitual absentee and during September, 1999 to November, 2000, he attended the work only for 46 days and including EL/CL etc., his total presence was 109 days, which is violative under Clauses 26.24 and 26.30 of the Standing Order and, therefore, the same falls within thedefinition of “Misconduct

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