D/L18 23.09.2026 Bpg. WPA No.21291 of 2026 Eastern Coalfields Ltd. Versus Union of India & Ors. Mr. Manik Das. …for the petitioner. Mr. Soumak Bera Mr. Subit Majumdar. …for the U.O.I. 1. Affidavit-of-service filed by the petitioner be taken on record. 2. The writ application has been filed challenging the award dated 17th October, 2025 passed by the Central Government Industrial Tribunal-cum- Labour Court, Asansol, in reference Case No.10 of 2023. 3. On hearing the learned counsel for the parties and on perusal of the materials on record including the impugned award, this Court finds that the learned Tribunal has disbelieved the enquiry report and has found it to be perverse on the consideration that the employee was aged only 42 years and has set aside the order of dismissal and directed re- instatement and consequential benefits. 2 4. It appears from the charge-sheet issued to the workman that several instances of unauthorised absence over a period of 4 to 5 years have been noted. The documents of Asansol District Hospital prima facie show the ailment as Nausea, vomiting and weakness. The doctors have prescribed antacids and vitamins. 5. None of the documents prima facie justify the period of absence for which the charge-sheet was issued and the long absence of about 10 months. 6. On perusal of the enquiry report, the following observations of the Enquiry Officer being relevant are reproduced herein: “Sri Hari has been absenting from duties w.e. f. 14.07.2016 without information and sanctioned leave. He has stated that he remained absent due to his illness. He has submitted Medical Certificate and prescriptions wherein it is observed that he was under treatment at Asansol District Hospital during the period of his illness and he was declared fit to join duty from 22.09.2017 But, Sri Hari could not produce any cash memo of medicines purchased. Also, Sri Hari did not send any information to the Colliery Management in this regard during his absence period and he also did not have any 3 sanctioned leave. His past record of physical attendance is as under: Year 2013 2014 2015 2016(up to 13.07.2016) Attendance 72 83 55 44 (Days) The respondent’s past punishment record is as follows. 1 Allowed with strong warning vide letter under reference no CKC/P&IR/C-6/20/16/474, dt:28.0116 2 Stoppage of 03 (three) increments vide letter under reference no.KA/APM/C-6/25/2717 dated 07.05.2015 3 Stoppage of 01(one) increment vide under reference no KA/APM/C-6/25/971 dated 05.10.13.” 7. It appears that the petitioner/authorities have given sufficient opportunity to the workman and had also issued warning letter, stopped three increments, then one increment, but there was no improvement in his conduct. 8. In the present case, admittedly the workman did not attend his duties from 14.07.2016 to 17.04.2017, which is a period of about 10 months. The medical documents prima facie do not support 4 the long absence as stated in the charge. It further appears that several letters, punishments were imposed upon the workman, but he did not rectify his conduct and was absent from 2013 to 2017(on several days each year). 9. The prima facie finding of the learned Tribunal that the case of habitual absentee was not made out, is prima facie not supported by materials on record. Considering the details provided in the enquiry report which clearly shows that the workman is a habitual offender and the petitioner/employer has also been given opportunity to the workman to rectify his conduct by imposing lesser punishment. 10. Finally, when the absence increased considerably, the petitioner was left without an option and have been compelled to dismiss him from service on holding a proper enquiry which this Court is prima facie hold in accordance with law. The interference by the Tribunal was not called for and as such, the impugned order is beyond the scope of the learned Tribunal is not in accordance with law and, thus, set aside. 11. The writ application is thus allowed. 12. No order as to costs. 5 13. Urgent Photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities. (Shampa Dutt (Paul), J.)