LAWS(PAT)-2018-1-303

EXECUTIVE ENGINEER, WESTERN KOSHI CANAL DIVISION NO. 1 Vs. SIKANDAR PRASAD SINGH, SON OF LATE NOONOO PRASAD SINGH

Decided On January 17, 2018
Executive Engineer, Western Koshi Canal Division No. 1 Appellant
V/S
Sikandar Prasad Singh, Son Of Late Noonoo Prasad Singh Respondents

JUDGEMENT

(1.) Heard parties.

(2.) This Intra Court appeal is directed against the order dated 20.07.2012 passed by a Single Bench of this Court in C.W.J.C. no. 10033 of 2006.

(3.) It appears that the respondent-workman raised an industrial dispute, which was referred to the Labour Court, Muzaffarpur and was registered as Reference Case no. 4/98. The term of reference was, as to whether the termination of service of the respondent, namely, Sikandar Prasad Singh, Karya Darshak was justified? If not justified, then what relief he would be entitled to? It further appears from the record that the Irrigation Department though had filed its written statement but did not produce any evidence and, thus, the Tribunal considering all the materials and evidence held that there was no procedure followed with regard to section 25-F of the Industrial Disputes Act (hereinafter referred to as the Act) and Award was pronounced in favour of the workman setting aside his termination and also directing for payment of the back wages.