- (1.) The matter has been heard with the consent of learned counsel for the parties through video conferencing. They have no complaint about any audio and visual quality.
(2.) The instant intra-Court appeal is under Clause 10 of Letters Patent of the High Court of Judicature at Patna directed against the order/judgment dated 10.07.2019 passed by learned Single Judge of this Court in W.P.(L) No.399 of 2014 whereby and whereunder the Award passed in Reference Case No. 98 of 1999 has been refused to be interfered with by dismissing the writ petition.
(3.) The brief facts of the case which are required to be enumerated herein read hereunder as :- The respondent-workman namely Anwar Ahmad, Ex-Overman was the employee of M/s. Central Coalfields Limited, hereinafter to be referred as CCL and while working in Kedla Open Cast Project, Hazaribagh was found to remain unauthorized absent as a result of which a chargesheet was issued stating therein that he was absent from 04.09.1992 which is misconduct within the meaning of Clause 17(i) Sub-Clause (n) and (d) of the Model Standing Orders. Thereafter a departmental proceeding was initiated by appointing an inquiry officer wherein the charge has been found to be proved which having been accepted by the appellant management, a decision for dismissal from service was ordered on 06.01.1994. The respondent workman raised a dispute against the order of dismissal, conciliation having been failed, after submission of failure report by the Conciliating Officer, a reference has been made to the effect "Whether the action of the management of Kedla Open Cast Project, M/s. Central Coalfield Ltd. P.O. Kedla, Distt. Hazaribagh, in terminating of service of Sh. Anwar Ahmad, Ex-Overman w.e.f. 06.01.1994 is legal & justified? If not, what relief the concerned workman is entitled to?" The Industrial Tribunal has answered the reference being Reference No. 98 of 1999 in favour of the respondent workman holding therein that terminating the service of Shri Anwar Ahmad, Ex-Overman with effect from 06.01.1994 is not justified, hence his service benefits as if he is in service be given to his dependent. But the workman is not entitled to get any back wages. The appellant-management, being aggrieved with the said Award, has invoked the jurisdiction of this Court as conferred under Article 226 of the Constitution of India by filing a writ petition being W.P.(L) No. 399 of 2014 which has been dismissed vide order dated 10.07.2019, which is the subject matter of the present appeal. ;