MANAGEMENT OF TISCO Vs. PRESIDING OFFICER

JUDGEMENT

(1.) HEARD the Learned counsel for the parties.

(2.) THE management- petitioner seeks quashing of the award dated 14.5.1998 pronounced on 21.9.1998 by the Presiding Officer, Labour Court, Bailey Road, Patna in reference case no. 1/1994 |81/1994 whereby the Labour Court while answering the reference proceeded to hold that the termination of the Mr. R.P.Verma, workman-respondent no.2, herein, Accounts Trainee is not legal and valid rather discriminatory and consequently the termination order dated 22.12.1988 has been set aside directing the management to reinstate the workman with full back wages with all admissible consequential benefits.

(3.) IT is further stated that this respondent no.2 was appointed vide order contained in Annexure-4 dated 15.9.1983 wherein it was categorically stated that Trainee has to complete I.C.W.A qualification within a period of 5 years from the commencement of the training , failing which his training will be terminated. It is submitted that the petitioner failed to complete the aforesaid I.C.W.A. Qualification by passing the final examination within the stipulated period of 5 years by 1.10.1998 and, therefore, by the order contained at Annexure- 9 dated 27.12.1988 his training was terminated w.e.f 1.10.1998, clearly stating therein that the he has failed to complete the I.C.W.A within a period of 5 years by 30.9.1998. It is further submitted that the petitioner had been a regular absentee even during the training period and as a matter of fact, since 01.6.1988 he never attended duty and completely absented from his work till he was terminated vide Annexure-9. The petitioner, thereafter, raised an industrial dispute and on failure of conciliation proceedings the reference was made originally before the Presiding Officer, Labour Court, Jamshedpur in the following terms:-