S.J.MUKHOPADHAYA, J. - (1.) THE petitioner, a workman was appointed on 14.9.1989 as a Peon by Mr. Mukesh Syal, Site Manager, National Industrial Development Corporation Limited (Corporation for short) with wages of Rs. 600/ - per month. He worked for the period from 14.9.1989 to 27.10.1990 in the office of the Site Manager and on 27th October, 1990 he informed by Site Manager that his service was no longer required in the Corporation.
(2.) THE petitioner -workman when raised the industrial dispute, the Governor of Bihar vide Notification No. IV/D2 -1909/ 94 L and E -274, dated 10th February, 1994 referred the Labour Court, Ranchi to adjudicate the following terms of reference : "Whether the termination of services of Sri Sudipta Rai, Peon, National Industrial Development Corporation Limited. Ranchi is proper? If not, what relief he is entitled to - The case of petitioner -workman was that the Corporation terminated his service without any rhyme or reason, wrongfully, illegally without following the rules of natural justice. No chargesheet was issued, nor any enquiry was conducted and order of termination was issued in violation of Section 25F of the I.D. Act. He had worked in the Corporation continuously for more than a year (about 14 months) but he was not paid any notice pay or the compensation as required under Section 25F of the I.D. Act and Rule 78 of the Industrial Dispute (Bihar) Rules.
(3.) THE respondents -Management of the Corporation opposed the reference both on merit and on the question of maintainability. The case of respondents was that the Corporation is a Government of India Undertaking and its works are carried on by and under the authority of the Central Government and is fully under Control and financed by the Central Government. Its working is under administrative control of the department of Heavy Industry, Ministry of Industry, Government of India, New Delhi. The Corporation is only a consultant consisting of certain architecture and engineers having its office situated at Chanakyapuri, Chanakya Bhawan, Africa Avenue, New Delhi. However, it was not disputed that the petitioner -workman worked as Peon for the period from 14th September, 1989 to 27th October, 1990 continuously in the office of Site Manager, Ranchi. It was also not disputed that the service of writ petitioner -workman was terminated without notice pay and compensation as per Section 25F of the I.D. Act.;