JHARKHAND HIGH COURT ISSUES ORDER ON WORKMAN REPRESENTED THROUGH SURESH LAL V/S BHARAT COKING COAL

RANCHI, India, Sept. 5 -- Jharkhand High Court issued the following order on Aug. 5:

1. The instant writ application has been preferred by the petitioner for quashing the Award dated 03.12.2014 (Annexure-4 to the writ application) passed in Reference Case No. 42 of 1998 by the learned Central Government Industrial Tribunal No.1, Dhanbad to the extent that the learned Tribunal has ordered that the date of dismissal of workman be treated as its pre-mature retirement and till that date, its legal dues be given.

2. At the outset, learned counsel for the petitioner draws attention of this Court towards the Award and submits that no evidence or no argument has been dealt with by the learned Tribunal and just after noting down the facts of the case, the learned Tribunal has arrived at a conclusion. He further submits that literally the learned Tribunal has not dealt a single sentence with regard to evidence on the stand of the respective parties or the stand taken in the written statement of the respective parties. As such, interest of justice would be sufficed by remitting the case to the learned Tribunal with a direction to pass a fresh Award after providing opportunities to both the parties.

3. Learned counsel for the Respondents though opposes the prayer of the petitioner but could not dispute that the order is cryptic in nature.

4. Having heard learned counsel for the parties and after going through the Award it appears that pursuant to the order passed under Section 10 of the Industrial Dispute Act following dispute was referred to the Tribunal. For brevity, the same is quoted herein below:

SCHEDULE "Whether the action of the management of Katras Project Area of M/s BCCL in dismissing Sri P.N. Srivastava, Clerk (working as Cashier) Area Finance Department from the service of company w.e.f 04.08.93 under clause 26.1.2 & 26.1.11 of the certified standing orders of the company is justified/if not, to what relief the concerned workman is entitled?"

5. After going through the Award which is in two pages; admittedly, does not discuss any stand of either of the parties; nor the Presiding Officer has discussed the evidence and only by giving facts of the case, came to the conclusion that the date of dismissal of workman be treated as its pre-mature retirement and till that date, its legal dues be given. Non-consideration of the stand of the respective parties and non- discussion of the evidence led by them make the order perverse in nature.

6. Accordingly, the Award dated 03.12.2014 passed in Reference Case No. 42 of 1998 is quashed and set aside. The matter is remitted to the Presiding Officer, Central Government Industrial Tribunal No.1, Dhanbad and it is directed to pass a fresh Award after hearing both the parties in accordance with law.

7. Accordingly, the instant writ application is allowed in the aforesaid terms.

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