S.N.Pathak,J. - (1.) In view of outbreak of COVID-19 pandemic, case has been taken up through Video Conferencing and heard at length. Concerned lawyers have no objection with regard to the proceeding which has been held through Video Conferencing and there is no complaint in respect to audio and video clarity and quality and after hearing at length, the matter is being disposed of finally. PRAYER
(2.) Petitioner has approached this Court with a prayer for quashing the Award dated 19.05.2011, passed by the Presiding Officer, Central Government Industrial Tribunal No. 1 in Ref. No. 38/2007, whereby and whereunder the Tribunal has answered the reference against the concerned workman holding that action of the Management of Lodna Colliery of M/s. BCCL in dismissing the petitioner from the services of the Company with effect from 22.03.2003 is justified and he is not entitled to any relief. FACTUAL MATRIX
(3.) The factual exposition as has been stated in the writ petition is that the petitioner's date of birth is 28.09.1977 and he was appointed in the respondent Company on 30.05.1996 as a Miner Loader under the VRS(F) Scheme. By Order No. L-20012/ 59/ 2007-IR (CM-1), dated 12.07.2007, the Central Government in the Ministry of Labour in exercise of the powers conferred by Clause (d) of Sub-section (1) and Sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947 referred the dispute for adjudication to the Central Government Industrial Tribunal No. 1 at Dhanbad which reads as under: "Whether the action of the management of Lodna Colliery of M/s. BCCL in dismissing Shri Hira Singh, Loader from the services of the Company w.e.f. 22.03.2003 is justified and legal? If not, to what relief the concerned workman entitled? ;