- (1.) In this writ petition, the Petitioner has prayed for quashing the Award dated 16th January, 2004 rendered by learned Presiding Officer, Labour Court, Deoghar in Reference Case No. 2 of 1997, whereby the management-Petitioner has been directed to reinstate the concerned workman to the original post of Duty In-charge with full back wages and other benefits admissible to the workman.
(2.) The Petitioner has challenged the Award on the ground that there is no evidence or material on record in support of the claim of the workman and the Award is unfounded and perverse. The workman has not brought any evidence to prove that he was not gainfully employed after his termination, but learned labour Court has also awarded full back wages and other benefits to him without any basis.
(3.) Mr. Deo, learned Counsel, appearing on behalf of the concerned workman, opposed this Petitioner and submitted that the concerned workman was illegally demoted and subsequently terminated from his service without any rhyme or reason. The same has been established before learned Labour Court by legal evidences. Learned Labour Court has considered all relevant aspects and after due discussion of the evidences on record, has come to the finding that the workman was demoted without any just reason and was not allowed to function as 'Duty In charge' thereafter. He was ultimately forced to leave his employment. The said finding is based on the evidences and material on record and there is no illegality or perversity in the award. Learned Counsel, however, fairly admitted that on behalf of the workman, there is no evidence that he was not gainfully employed after his demotion. There is no contrary evidence as well on behalf of the management. Learned labour Court has found that the demotion forcing to leave the employment was without any justification and the same was contrary to the provisions of law. Learned labour Court has also rightly directed for payment of back wages and other benefits.;