JANATHAN DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Delip Jerath, learned counsel for the petitioner and Mr. Saurav Arun assisted by Mr. Krishna Shankar for the respondent No. 3.

(2.) THE petitioner in the instant case has prayed for quashing of a portion of the award dated 8.4.1984 passed in Reference Case No. 20 of 1987 whereby and whereunder the learned Presiding Officer, Labour Court, Jamshedpur refused the relief of reinstatement after holding that the order of dismissal passed against him was proper and therefore, instead of passing an order of reinstatement, he proceeded to award compensation to the extent of Rs. 40,000/ - which was supposed to be paid by the Management within six weeks from the date of pronouncement of the award failing which, it was ordered that the workman concerned would be entitled to realise the amount with interest at the rate of 12% per annum from the date of pronouncement of the award till the date of payment -

(3.) AFTER having looked into the award and the various documents brought on record, this Court is clearly of the opinion that the instant case fails within the category of being patently absurd and/or perverse and consequently illegal and therefore deserves to be set aside by this Court. The reasons which compel this Court to come to the aforementioned conclusion are many. In this context it would be relevant to advert to the award itself at the outset.