- (1.) The petitioner, i.e. the Management of Coal Mines Area Development Authority, Dhanbad, has filed this writ petitioner challenging the award dated 27/07/2005 passed by the Presiding Officer, Labour Court, Dhanbad in Reference Case No. 2 of 1991, by which the Presiding Officer has held the termination of the services of the Respondent Taj Khan, Road Roller Driver is not justified and then directed the Management to reinstate the concerned workman with 25% of the back wages from 01/06/1989 till the date of his reinstatement and also to pay the salary for the months of April and May 1989 to the workman.
(2.) The following dispute was referred by the State Government to the Labour Court, Dhanbad for adjudication:- Whether termination of services of Sri Taj Khan, Roller Driver by the Management of Coal Mines Area Development Authority, Dhanbad is justified? If not, what relief he is entitled to?
(3.) On the basis of the said reference, the Labour Court, registered the case as Reference Case No. 2/1991 and, thereafter, issued notices to the Management and the workmen 's representative who, on receipt thereof, filed their written statements and rejoinders. In the written statement (Annexure-2), the employer/writ petitioner took stand that it is a statutory body under the Provisions of Bihar Coal Mines Area Development Authority Act, 1986. The Government of Bihar through the Public Works Department (PWD) entrusted the work of widening, strengthening and replacement of roads, bridges and culverts between Dhanbad-Sindri Road, Rajganj-Jamdiha Road, Putkee- Patheridih Road and transferred a sum of Rs. 17.27 crores for the said purpose to the Authority. In the written statement, the employer, i.e. the Coal Mining Area Development Authority took the plea that the Coal Mining Area Development Authority is a statutory body under the provisions of Bihar Coal Mines Area Development Authority Act, 1986. The Government of Bihar through Public Works Department (PWD) entrusted the work of widening, strengthening and replacement of roads, bridges and culverts between Dhanbad-Sindri Road, Rajganj- Jamdiha Road, Putki-Pathardih Road vide letter no. 101/80- 5665 dated 05/12/1987 of the Joint Secretary, Road Construction Department (PWD) Bihar, Patna and transferred a sum of Rs. 17.27 crores for the said purpose to the Coal Mining Area Development Authority. The construction work was started by the Coal Mining Area Development Authority and some persons were appointed and some machinery like Road Roller etc, were purchased for the same. The concerned workman Taj Khan was appointed as road Roller Driver for the said work. Subsequently, the said construction work of roads, bridges and culverts was taken back by the Government of Bihar, Public Works Department by letter dated 04/02/1989 and accordingly, the instrument of construction work of roads, bridges and culverts as referred to above was transferred back to PWD, Government of Bihar and all the machineries were returned back w.e.f. 01/04/1989. The services of the workmen employed in connection with the said construction work including the services of the concerned workman Taj Khan was handed over to PWD. The termination of service of the concerned workman Taj Khan resulted as the work of construction of roads, bridges and culverts etc. which was initially instructed to the Authority was taken back and entrusted to PWD of Government of Bihar. The services of the concerned workman Taj Khan was terminated due to the close of the construction work entrusted to Coal Mining Area Development Authority by PWD, Government of Bihar. The aforesaid construction work was one time job and it was not a permanent work and, therefore, the termination of the services of the concerned workman Taj Khan was fully justified and his termination was covered under the provision of Clause (bb) of sub-section (oo) of Section 2 of the Industrial Dispute Act, 1947.;