SURESHWAR NATH TRIPATHI Vs. MINERAL AREA DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) VALIDITY of the impugned order dated 16th December, 2003, reverting the petitioner to the post of Meter Reader, has been called, in question, in the present case. Only ground for reversion indicated in the impugned order is the direction of Hon'ble Supreme Court in an earlier writ application. It is appropriate to refer to the factual background leading to the filing of present petition.

(2.) PETITIONER , a workman with Respondent No.1 -Authority, was terminated from its service on 25th February, 1977. The workman raised an industrial dispute regarding his termination and a reference came to be made to the Labour Court in terms of Section 10(1)(c) of the Industrial Disputes Act, 1947.

(3.) RESPONDENT -Authority preferred a writ petition, being C.W.J.C. No. 1089 of 1987(R), before this Court. This petition came to be dismissed in limine vide order dated 11th August, 1987 by a Division Bench of Patna High Court and a special leave petition filed before the Hon'ble Supreme Court also remained unsuccessful. However, Hon'ble Supreme Court vide its order dated 19th January, 1993, while concurring with the award and the judgment of the High Court, modified the award to the extent of back wages and instead of full back wages, as directed by the Labour Court, 50% back wages were allowed. Consequently, petitioner was reinstated to the service.