MANAGEMENT OF JAMSHEDPUR WORKER COLLEGE EMPLOYEES CREDIT COOPERATIVE SOCIETY LTD JAMSHEDPUR Vs. WORKMAN JITENDRA KUMAR TIWARI, SON OF SHIVNATH TIWARI

JUDGEMENT

(1.) In view of outbreak of COVID-19 pandemic, case has been taken up through Video Conferencing on various dates and finally on 01.02.2021, it has been reserved for final Judgment. Concerned lawyers have no objection with regard to the proceeding, which were held through Video Conferencing. They have no complaint in respect to the audio and video clarity and quality.

(2.) The petitioner - Management of Jamshedpur Worker' College Employees Credit Cooperative Society Ltd. has knocked door of this Court with a prayer for quashing the Award dated 28.04.2010, passed in Reference Case No. 16 of 2002 by which order of dismissal of respondent as Clerk-cum-Accountant has been held to be illegal and the termination order has been set aside and the workman is directed to be reinstated to his post along with 50% backwages with effect from 11.01.2001 with all other consequential benefits. It has also been directed that the workman shall be deemed to be in continuity of service.

(3.) Fact of the case in brief is that the respondent-workman joined the service on 28.04.1987 and was the permanent employee of the petitioner-Management. His services was confirmed to the post of Accountant-cum-Office Assistant on and from 17.04.1990 and confirmation was duly approved by Assistant Registrar of the management vide letter no. 938, dated 31.12.1994. However, without any rhyme or reason, vide letter no. 25/2001, dated 11.01.2001, issued by the Secretary of the petitioner-Management, the respondent-workman was informed that he has been terminated with immediate effect and another person was engaged in his place. Being aggrieved, the respondent-workman represented before the Management on 20.01.2001 but no response was made to him. Being aggrieved, the respondent-workman raised Industrial disputes against his termination from the service. The appropriate Government, vide Notification No. 1/ Shram-D-01-31/ 2001, L.E. & T - 796, dated 14.12.2002, referred the matter before the Industrial Tribunal with the following terms: