- (1.)In this writ application the petitioner has prayed for quashing Annexure "3", the award dated 29th June, 1971 of the Presiding Officer, Labour Court, Ranchi, and for reinstatement of the workman R.K. Sharma in service with all his past wages, other benefits and emoluments.
(2.)The petitioner in this case is the Sindri Cement Factory Workers Union, District Dhanbad which claims to look after the welfare of the majority of the workmen at Sindri Cement Works. The workman, R.K. Sharma (hereinafter referred to as the workman) has been a member of the union a ad has been working at the Sindri Cemert Works for the last several years as a fitter. He was granted leave from 23rd September, 1967 to 10th October, 1967. He went home where he fell ill and so he sent an application for extension of his leave along with a medical certificate and his leave was "extended upto 22nd November, 1967. According to him, his illness continued and her sent a post-card praying for further extension of his leave on 21rd November, 1967 and also a telegram on 39th November, 1967. But he did rot receive any information" "from the management. On 2nd December, 1967 he received an order (Annexure]) under the signature of the Manager of the factory informing him that his lien to the service had automatically terminated' on expiry of his leave on 2nd November, 1967 On receipt of the aforesaid order he sent a reply to the management on 8th December, 1967 regarding his prayer for-extension of leave on account of continued illness. On 26th December, 1967 he came to Sindri to resume his duty but was not allowed to join in view of the order of the management dated 2nd December, 1967 (vide Annexure ') This led to an industrial dispute which was referred for adjudication to respondent No 1, the Presiding Officer. Labour Court, Chhotanagpur Division, Rancbi, by notification dated 2nd April, 1968 (Annexure 2;. By the award dated 19th June, 1971 respondent No. I held that the termination of service of the workman aforesaid was justified and that he was not entitled to any relief. As against the award aforesaid, the Sindri Cement Factory Workers' Union has filed this writ application.
(3.)It has been contended by learned Counsel appearing on bewails of the union that the workman has been victimised for his trade union activities particularly for having represented the case of the members of the union in conciliation proceeding. The award of the Labour Court has been challenged mainly on the ground that it has wrongly held that the termination of service of the workman was justified when there has been a flagrant violation of the standing order as well as the principles of natural justice in this case. It has also been urged that respondent No. 1, the Presiding Officer, Labour Court, Ranchi, as constituted by the notification dated 13th January, 1971, ceased to have jurisdiction over the said Court pursuant to the notification dated Uth April, 1971. It has been stated that by the notification dated 12th April, 1971 the Government superseded the notification dated 13th January. 1967 as a result of which Dhanbad ceased to be under the jurisdiction of Chhotanagpur Division, Ranchi. Hence, according to him, the award given by respondent No. 1on 20th June, 1971, was a nullity. It was also urged that the correct provision of the standing orders of the management was not applied in the case of the workman in this case by the management. it as, according to the petitioner, the workman should have been dealt with under Standing Order No. 15(2) read with Standing Order No. 16 and not under standing Order No. 9(3) of the Certified Standing Orders.