- (1.) Heard counsel for the petitioner and the respondent workman in person.
(2.) The instant writ petition is directed against an Award passed by the Presiding Officer, Labour Court, Ranchi dated 04.06.1998 in Reference case No. 34 of 1994 (M/s Usha Martin Industries Ltd., Usha Ishmal Division Vs. Workman Dashrath Upadhyay). The reference made by the Government of Bihar, vide Notification No. 4/D2 6033/94 was : Whether termination of services of workman Dashrath Upadhyay by the management of M/s Usha Martin Industries Ltd, Ishmal Division, Tatisilwai, Ranchi is justified? If not what relief the workman is entitled to? .
(3.) The labour court directed the management petitioner to reinstate Respondent No. 2 with full back wages. According to the counsel on behalf of the petitioner, a number of questions has been raised in the instant writ petition while challenging the Award. The main contention is that once the labour court came to a positive finding that the workman Dashrath Upadhyay has failed to prove that he was appointed as a workman under Usha Martin Industries Ltd., Ismal Division and that he was a contract labour under M/s Agarwal Traders. No order of reinstatement could be passed and, therefore, the jurisdiction exercised on the face of it, is an excessive exercise and liable to be quashed.;