LAWS(PAT)-2018-8-185

SAFIULLAH Vs. THE STATE OF BIHAR AND OTHERS

Decided On August 29, 2018
SAFIULLAH Appellant
V/S
The State Of Bihar And Others Respondents

JUDGEMENT

(1.) The petitioner has filed the present writ petition for implementation of the award dated 28.08.2007 passed by the learned Presiding Officer, Labour Court, Motihari in Reference Case No. 1 of 1997.

(2.) The case, in brief, is that the Government in exercise of powers conferred under Section 10(1)(C) of the Industrial Disputes Act, 1947 (for short 'the Act') referred the dispute between management and workman to the Labour Court vide notification dated 16th October, 1996 for adjudication on the following term of reference:-

(3.) Accordingly, Reference Case No. 1 of 1997 was instituted in the Labour Court, Motihari, East Champaran. During pendency of the proceedings, Bihar State Sugar Corporation Unit Lauriya Distillery was made respondent by the Labour Court, Motihari on the petition of the workman. After hearing the case and considering the evidences, documents as well as depositions of the witnesses, the learned Presiding officer passed his award dated 28.08.2007 whereby and whereunder it has been held that the charges of misconduct do stand proved. Hence, workman Shafiullah was ordered to be reinstated with 50 per cent back wages from date of reference. He was also made entitled to full wages with all benefits from the date of award.