MANAGEMENT OF STEEL AUTHORITY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The writ petitioner, i.e. the Management of Steel Authority of India Limited, Bokaro Steel Plant has challenged the impugned award dated 18/12/2002, pronounced on 22/01/2003 by the Labour Court, Bokaro Steel City in Reference Case No. 6/1998, whereby the Labour Court has held that the termination of the service of Respondent No. 2 by the petitioner is improper and unjustified and, thereby directed for his reinstatement with 60% back wages with all other consequential reliefs.

(2.) In short, the case of the prosecution, are that the respondent No. 2, i.e. the concerned workman was in the service of the petitioner since 27/01/1983 as a Gangman in the traffic department. On the allegations that he was an habitual absentee, he was charge sheeted on 12/04/1991 for remaining unauthorizedly absent from duty w.e.f. 06/03/1991. The charges levelled against him were for willful or habitual absence from duties without sufficient cause and negligence of duty but he was let off after giving warning on 30/04/1991. Thereafter, he was again charge sheeted on 14/10/1993 for similar charge, i.e. for willful unauthorized absence but this time he was awarded punishment by bringing him to the minimum of his pay scale by order dated 10/09/1994.

(3.) The concerned workman raised industrial dispute, which was referred to the Labour Court for determination as to whether the termination of services of the concerned workman by the Management was proper and if not what relief he was entitled to.