- (1.) Heard learned counsel for the petitioner and learned counsel for the employer.
(2.) The workman has challenged the award, dated 6th September, 2006, passed by the Presiding Officer, Labour Court, Deoghar in Reference Case No. 1 of 2004, by which the award in Annexure-'4' and reference made to the Labour Court which is as under :- "Whether the termination of Shri Ashok Kumar Burnwal, Office In-Charge-cum-Messenger, Deoghar by the Management of M/s Prabhat Khabar, Ranchi is justified? If not what relief is he entitled to? "
(3.) The Labour Court instead of deciding the dispute and the reference made to it by the impugned award in the midst of evidences being taken by the Management decided the matter on preliminary issue on the objection filed by the Management and on the basis of the rejoinder of the same given by the workman and came to a finding that the petitioner-workman had no relationship of the employer and employee and Shri Ashok Kumar Burnwal was never a workman under the Management.;