STATE OF BIHAR Vs. LAKSHMINIA DEVI

JUDGEMENT

(1.) Heard the parties.

(2.) The State of Bihar and its two functionaries, the petitioners herein, have filed the present petition under Article 226 of the Constitution of India, questioning the validity and legality of the award dated. 20.01.2001 (Annexure-1) passed in Reference Case No. 01 of 1993 by learned Presiding Officer, Labour Court, Purnea, whereby while answering the aforesaid award in favour of two workmen namely Rajendra Prasad Mandal and Rajendra Das, has directed the Management- petitioners herein to reinstate the aforesaid two workmen in. service with full back wages. Aforesaid two workmen namely Rajendra Mandal @ Rajendra Prasad Mandal and Rajendra Das have been impleaded as respondent nos. 1 and 2 respectively in the present proceeding. During the pendency of the present writ petition respondent no.1 Rajendra Mandal @ Rajendra Prasad Mandal died on 28.08.2007 leaving behind his legal heirs and representatives, therefore, by an order dated 26.10.2009 prayer made on behalf of the petitioners for substituting the legal heirs of deceased respondent no.1 was allowed by a Bench of this Court and accordingly name of original respondent no.1 Rajendra Mandal @ Rajendra Pd. Mandal was expunged from the array of the parties and he was substituted by his legal heirs and representatives, who are now respondent nos. 1 (a) to 1 (g) in the present proceeding.

(3.) Learned counsel appearing on behalf of the petitioners has assailed the validity of the impugned award primarily on three, following grounds: