LAWS(PAT)-2008-2-55

SHANKAR PRASAD SAH Vs. PRESIDING OFFICER CENTRAL

Decided On February 05, 2008
Shankar Prasad Sah Appellant
V/S
PRESIDING OFFICER CENTRAL Respondents

JUDGEMENT

(1.) THE petitioner of CWJC No. 6440 of 1998 has preferred this appeal in terms of Clause 10 of the Letters Patent of the Patna High Court, and is aggrieved by the order dated 23.9.99, whereby the writ petition was dismissed on the ground that the provisions of Section 25F of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') are not attracted to the facts and circumstances of the present case, the petitioner had abandoned the job, and he is raising a stale claim. We shall go by the description of the parties occurring in the writ proceeding.

(2.) THE writ petitioner (appellant herein) was engaged by the respondent Bank during the period 23.7.77 to 15.10.84. He thereafter did not continue and had, after lapse of some time, approached the Bank to permit him to resume his employment which was orally declined. He raised an industrial dispute which was referred to the Central Government Industrial Tribunal No. 1 at Dhanbad, in terms of Section 10(1)(d) and Sub -section 2(a) of the Act, and was registered as Reference Case No. 133 of 1992.The terms of reference were as follows:

(3.) LEARNED Counsel for the respondent Bank has supported the award.