RABINDRA NATH MISHRA Vs. PRESIDING OFFICER CENTRAL GOVT

JUDGEMENT

(1.) THIS writ application has been filed by petitioner who was the former employee of the respondent Indian Oil Corporation (hereinafter referred to as the I.O.C.), Barauni Refinery challenging the award dated 25.9.1995 passed in Reference Case No. 80/1992. The Industrial Tribunal has upheld the termination order passed against the petitioner to be legal and valid. Petitioner is also seeking the quashing of order dated 31.8.1987 passed by respondent No. 3 by virtue of which his service was terminated with effect from 13.8.1987.

(2.) PETITIONER was appointed as an assistant wireman on daily wage basis way back on 9.1.1960. Subsequently he was given a pay scale of Rs. 35 -70/ - along with other allowances vide office order dated 25.9.1960. On completion of his probation period he was appointed as a Fitter (Electrical) on 20.8.1964. Petitioner was holding the post on permanent basis as Technical Grade -II (Electrical) when on 7.5.1985 he suffered serious injury while on duty and working on high tension line in the Refinery Township of Barauni. He was taken to I.O.C. hospital and thereafter referred to Kurji Holi Family Hospital. He had to undergo surgery and was also treated by certain specialist on due reference and recommendation made in this regard. Looking at the accident, the injury and the physical condition of the petitioner he was granted various kind of leave to help him to recover and over come the trauma of the accident.

(3.) PETITIONER 'scase against arbitrary decision of the respondent corporation was taken up by the Registered Trade Union and an industrial dispute came to be raised. Reference thereafter was made to the Industrial Tribunal with a reference whether the action of the Management of IOC Barauni Oil Refinery, Barauni, in terminating the services of Rabindra Nath Mishra, Technician Grade -B with effect from 13.8.1987 is legal and justified? If not, to what relief the workman is entitled to?