- (1.) Heard Mr. V.P. Singh, learned senior counsel for the petitioner and Mr. S.L. Agarwal, learned counsel appearing for the respondent nos. 1 to 3.
(2.) In this writ application, the petitioner has prayed for setting aside the Award dated 29.04.2010 passed by the learned Presiding Officer, Labour Court, Jamshedpur in Reference Case No. 8 of 1999, by which it has been held that the termination of the employee, Kaushal Kishore Sharma is neither proper nor justified and has further directed the petitioner to pay 50% back wages to the legal heirs of the said workman for the period from 17.07.1991 to 11.03.2002 along with consequential benefit in terms of money.
(3.) The Government of Bihar vide notification dated 21/22.06.1999 had referred the following dispute for adjudication before the learned Labour Court, Jamshedpur on the following terms: "Whether the termination of services of the workman Sri Kaushal Kishore Sharma ticket no. 1150/05587/2 of Telco Ltd, Jamshedpur is justified ? If not, what relief the workman is entitled to ? In the written statement filed on behalf of the Management it has been stated that M/s Tata Engineering and Locomotive Company Ltd., Jamshedpur is a public limited Company registered under the Indian Company's Act, 1956 and has got a factory establishment at Jamshedpur wherein various types of vehicles and its components are manufactured. The Company has got a work standing order duly certified under the Industrial Employment (Standing Orders) Act, 1946. The Company has from the very beginning an internal management for taking disciplinary action. It has been stated that the concerned workman Kaushal Kishore Sharma was inducted as a trainee on and from 11.02.1986 and was absorbed in the permanent establishment as a fitter/operator on and from 27.04.1987 vide office order dated 04.05.1987 and lastly he was working in the Forge (outer complex) department of the Company. On 14.07.1991 the workman was on 'B' shift duty from 2.00 P.M. to 10.30 P.M. At about 7.10 P.M. he had entered Plant-II (Engine Division) unauthorizedly and about 7.30 P.M. he was seen coming out of the division carrying some materials which was concealed inside a hand bag. While the workman was trying to conceal the material in the scooter he was apprehended by the security staffs of the company and in course of search three numbers of drive shafts were recovered which were estimated to be valued at Rs. 1995/-. The said materials were the Company's property which the workman was trying to take out for his personal gain. It has further been stated that the aforesaid conduct amounted to a misconduct on the part of the workman under Clause 24 (x) and (xv) of the Certified Works Standing Orders of the Company and accordingly he was issued a charge-sheet dated 04.08.1991 whereby he was called upon to submit his explanation. An explanation was submitted which was found unsatisfactory and as such the inquiry continued as stipulated. The inquiry concluded on 07.07.1992 and the Enquiry Officers submitted their report holding the workman guilty of the charges levelled against him. The Senior General Manager on being satisfied about the guilt of the workman concerned as per the inquiry report passed an order of dismissal w.e.f. 17.07.1991. ;