MANAGEMENT OF BIHAR INSTITUTE OF TECHNOLOGY Vs. PRESIDING OFFICER, LABOUR COURT AND SHRI JWALA PRASAD SINGH

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and learned Counsel for the State.

(2.) This writ application has been filed against the Award passed in Reference Case No. 06 of 1995 vide order dated 26.07.2005 by Presiding Officer, Labour Court, Dhanbad by which order he found that since the service of the workman, Jwala Prasad Singh has been terminated without following Section 25F of the Industrial Disputes Act, hence, his termination is bad and not proper and cannot be justified and hence, the workman is entitled to be re?instated within three months from the date of pronouncement of this Award.

(3.) Learned Counsel appearing for the Petitioner submitted that the institute of the Petitioner?Management i.e. the Management of Bihar Institute of Technology Sindri, Dhanbad is an industry under Section 25F of the Industrial Disputes Act and as such, the award against him is bad in law and fit to be quashed. He has further argued that since the matter with regard to the institution lastly decided in the case of Bangalore Water Supply & Sewerage Board v. A. Rajappa and Ors., 1978 2 SCC 213 has been referred to larger Bench by Hon'ble Supreme Court in the case of State of U.P. v. Jai Bir Singh, 2005 5 SCC 1 and the matter is pending since 2005 and since the matter is still pending as to whether institution of the Petitioner will come under the provisions of Section 2(j) of the Industrial Disputes Act. He has further submitted that since workman Shri Jwala Prasad Singh was a temporary casual worker and as such, he was terminated without any enquiry since he was found guilty in the charge of misbehavior in the institution, within the provision of law and the award against management is bad in law and fit to be quashed.