BINAY KUMAR PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties. On being raised an Industrial dispute by the petitioner Binay Kumar Prasad, a reference was made for adjudication of the dispute under Section 10(1) of the Industrial Dispute Act as to whether the termination of the petitioner as Accounts Clerk, Road Division, Chaibasa was proper, if not? Whether he should be reinstated on work and should get compensation?

(2.) THE said industrial dispute was registered as Reference Case No. 12 of 1994 by the Labour Court, Jamshedpur. The Presiding Officer, Labour Court, Jamshedpur vide his award dated 25 th February 2004 as contained in Annexure -5 to the with petition, held that the termination of the petitioner was illegal and accordingly, he set aside the termination of the petitioner from service and directed to reinstate him with full back wages and continuance of service with consequential benefits.

(3.) IT appears that the State of Jharkhand by filing a review petition being Civil Review No. 58/2005, sought to review the said order dated 31/01/2005, passed in W.P.S, No. 254/2005. The said review petition was dismissed by order dated 21/01/2008. A certified copy of the order dated 21/01/2008 passed in Civil Review No. 58/2005 has been produced before me at the time of argument., which is kept on the record.