- (1.) Heard Mr. Amitabh, learned counsel for the petitioner and Mr. Manish Kumar, learned counsel appearing for the respondent no.2. This writ application is directed against the award dated 13.11.2000 passed by the learned Presiding Officer, Labour Court, Jamshedpur in Reference Case No. 4 of 1994 by which the reference has been answered against the management which has been directed to reinstate the workman concerned with full back wages and continuity of service.
(2.) The Government of Bihar, Department of Labour Employment and Training vide notification dated 17.02.1994 had referred the following disputes for adjudication before the Labour court: "Whether Sri M. A. Kumar, Senior Section Officer, Tata Refractories Limited, Jamshedpur is a workman under the Industrial Disputes Act, 1974? If so whether the termination of his service is proper? If not, what relief he is entitled to?"
(3.) In the written statement filed by the Management it has been stated that the respondent no. 2 had joined in the Jamshedpur Office of the petitioner company on 16.09.1981 in the capacity of "Senior Confidential Assistant" in the Officer Cadre on a monthly salary of Rs. 1160/- besides other allowances as per the letter of appointment dated 01.08.1981. The respondent no. 2 was subsequently promoted to the post of "Personal Assistant to the Managing Director" and thereafter further promoted to the post of Senior Section Officer and drawing a monthly salary of more than Rs. 4,800/-.;