DARA SINGH Vs. BCCL, DHANBAD

JUDGEMENT

(1.) Seeking quashing of order dated 27.08.2009 and award dated 09.09.2009 in Reference No. 86 of 1990, the present writ petition has been filed.

(2.) The brief facts of the case are summarized thus:

(3.) The learned counsel for the petitioner submits that on 27.08.2009, no one appeared on behalf of the petitioner however, the Industrial Tribunal dismissed the application dated 04.01.2009 erroneously in as much as, reference has been made by the Appropriate Government for adjudicating the proprietary and validity of dismissal of the workman which was required to be adjudicated. The petitioner has vital interest in prosecuting the reference pending before the Industrial Tribunal and thus, one opportunity should have been granted by the Industrial Tribunal to the petitioner. It is further submitted that immediately after the petitioner came to know that the Industrial Tribunal has passed award dated 09.09.2009, an application was moved on 11.09.2009 for recalling order dated 27.08.2009 however, the same has also been dismissed vide, order dated 09.06.2010. Assailing order passed by the Industrial Tribunal and the award dated 09.09.2009, the learned counsel for the petitioner submits that the Industrial Tribunal has passed the aforesaid orders, ignoring the mandate of Industrial Disputes Act, 1947.