- (1.) The writ petition has been preferred by the Management of Metallurgical & Engineering Consultants (India) Ltd. (commonly known as "MECON") against Notification No. 394, dated 23rd March, 1996, whereby, a reference was made by respondents State of Bihar, as also the award dated 31st October, 1998 passed by the learned Presiding Officer, Labour Court, Ranchi in Reference Case No. 4/96. By the impugned award, learned Presiding Officer decided all the three issues in favour of workman and thereby while he held the reference as maintainable, there being relationship of master and servant between the Management of MECON and the concerned workman, also held the order of termination as illegal in violation of Section 25-F of ID Act. 1947.
(2.) As the case can be disposed of on short point, it is not necessary to discuss all the facts, claim and counter-claim of parties, except the relevant one, as referred hereunder.
(3.) One Shri Umang Sharma claimed to be workman of MECON and alleged oral termination of service made by the Management of MECON since 6th January, 1994. There being failure of conciliation, the matter was referred to State of Bihar. whereinafter, by the order of the Governor of Bihar, the impugned Notification No. 394, dated 23rd March. 1996 was issued for adjudication of following terms of reference :-- "Whether the termination of services of Shri Umang Sharma, workman of M/s. MECON, Ranchi by the Management is proper If, not what relief the workman is entitled to ;