STATE OF BIHAR Vs. GAJADHAR SINGH AMIN

JUDGEMENT

(1.) Heard the parties.

(2.) The present writ petition under Article 226 of the Constitution of India has been filed by the State of Bihar through the Executive Engineer, Petitioner herein, questioning the validity and legality of the award dated 22.12.1998 (Annexure-2) given by the learned Presiding Officer, Labour Court, Chapra, District-Saran, in Reference Case No. 6 of 1994, whereby the retrenchment of the workman, the Respondent herein, has been held to be illegal and he has been directed to be reinstated in service with effect from 10.3.1975 i.e. date of retrenchment, with all back wages.

(3.) The factual matrix involved in the present writ petition can be put in a very narrow compass. The appropriate Government under the meaning of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act only in short), in the present case the State Government, by a notification dated 21.1.1994 referred an Industrial Dispute raised by the workman in exercise of power under Section 10 (1) (c) of the Act to the Labour Court, Chapra for its adjudication.