- (1.) In this case, the petitioner has obtained a rule from this Court calling upon the respondent to show cause why the award of the Central Government Industrial Tribunal (No. 2), Dhanbad, a copy of which is annexure '4' to the application, be not called up and quashed by issue of an appropriate writ. Cause has been shown before us by Mr. Balbhadra Prasad Singh, appearing on behalf of the employers who are respondent No. 2.
(2.) It appears that the petitioner was employed as a typist in the Office of the Assistant Chief Mining Engineer of the Jamadoba Collieries of Messrs. Tata Iron and Steel Co., Ltd. On account of some incident which is said to have taken place on the 21st December, 1965, a proceeding was taken against the petitioner which ended with an order of his dismissal which was passed on the 17th January, 1966. Thereafter, an industrial dispute was raised in that context by the Tata Collieries Workers' Union, of which the Secretary is respondent No. 3 in this Court. Ultimately, a reference was made under Section 10 of the Industrial Disputes Act being Reference No. 147 of 1967 on the 16th of May, 1966. The parties to the reference were mentioned as: Employers in relation to the Tata Iron and Steel Co. Ltd., and Their Workmen. The question referred to the Tribunal for adjudication was whether the dismissal of the petitioner was justified and, if not, to what relief was he entitled.
(3.) Before the Tribunal, a written statement was filed on behalf of the Tata Collieries Workers' Union on the 15th June, 1968. Thereafter, the next date fixed before the Tribunal was the 16th of July, 1968, for the purpose of filing documents, if any. On the 6th July, 1968, however, a petition was filed before the Tribunal, a copy of which is annexure '2' to the writ application, wherein it was prayed that the matter should be disposed of on the same day so that the parties might not be required to attend the Tribunal on the 16th of July, 1968, on the ground that the union representing the affected workman, namely, the present petitioner, "is no more interested to press his demand and the affected workman has also dropped the matter." The Presiding Officer of the Tribunal took up the case and heard the parties and recorded an order in the order-sheet, a copy of which is annexure '3', reserving his award. Ultimately, on the 9th July, 1968, the Tribunal gave the impugned award, a copy of which is annexure '4' to the writ application. After stating the fact that the case was taken up for hearing on the 6th July, 1968, the award ended as follows:-- On behalf of the workman a memo was submitted stating that the affected workman had dropped the dispute and as such the Tata Collieries Workers' Union, representing the affected workman, was also no more interested to press the demand. The memo was duly verified. As there is no more dispute left for enquiry the award is made accordingly. The memo submitted on behalf of the workman is annexed herewith and is made part of the award. The award is submitted under Section 16 of the Industrial Disputes Act, 1947.;