MANAGEMENT OF INDIAN IRON AND STEEL COMPANY LIMITED Vs. PRAHLAD SINGH
LAWS(SC)-2000-11-57
SUPREME COURT OF INDIA
Decided on November 03,2000

MANAGEMENT OF INDIAN IRON AND STEEL COMPANY LIMITED Appellant
VERSUS
PRAHLAD SINGH Respondents

JUDGEMENT

Shivaraj V. Patil, J. - (1.) Leave granted.
(2.) In this appeal the appellant is assailing the order made on 29-5-1999 by the learned single Judge of the High Court in CWJC No. 1458 of 1997 (R) as well as the order of the Division Bench of the High Court confirming the same.
(3.) At the instance of sponsoring union a dispute was referred for adjudication to the Central Government Industrial Tribunal, No. 1, Dhanbad (for short 'Tribunal'). The dispute was "whether the management of M/s. IISCO Ltd., Chasnalla Colliery, P.O. Chasnalla, Distt. Dhanbad was justified in terminating the services of Shri Prahlad Singh, Magazine Clerk vide their letter No. 28 (IV)/2008 dated 8-10-1974. If not, to what relief the workman concerned is entitled." The Tribunal, after considering the material placed before it and taking into consideration the submissions made, recorded findings that the respondent-workman lost his lien on the appointment in view of the orders 10(f) and (h) of the Standing Orders having regard to the facts of the case either admitted or found established. The Tribunal based on records also took note of the fact that the claim of the respondent-workman in raising the dispute after a period of about 13 years from the date of termination was too stale to grant any relief. In this view the Tribunal held that order of termination of services of the respondent was justified and he was not entitled to any relief. It is this award which was assailed by the respondent before the learned single Judge of the High Court in the writ petition. The writ petition was allowed quashing the award of the Tribunal, directing the appellant to reinstate the respondent in service with full back wages from the date when the dispute was referred by the appropriate Government to the Tribunal for adjudication. The appellant unsuccessfully challenged this order of the learned single Judge before the Division Bench of the High Court. In these circumstances appellant has approached this Court.;


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