- (1.) HEARD the parties. Shivraj Prasad, father of Om Prakash was employed as driver in Bokaro Steel Plant. His elder son, K.K. Khuswaha was also employed as driver in the plant. Shivraj Prasad died in harness. His widow applied for appointment of her second son, namely, Om Prakash, on compassionate, ground, concealing the fact that her elder son K.K. Khuswaha was already employed as driver from before. Request of widow of deceased driver was considered compassionately and Om Prakash was appointed as Junior Yard Porter, on casual basis in December, 1988. He served the plant from 22.12.1988 to 4.11.1989. It is stated that on oral order dated 5.11.1989 of the Officer of the plant, without giving opportunity to him, his service was terminated for the reason that his elder brother was already employed in the plant.
(2.) AT the instance of Om Prakash the Appropriate Government, on 22.2.1994, made reference of the following dispute raised by him, under Section 10(1)(d) of the Industrial Disputes Act, 1947. "Whether the termination of services of Shri Om Prakash, son of late Shivraj Prasad, Junior Yard Porter. Traffic Department with effect from 5.11.1989 is proper? If not, to what relief he is entitled to - The Presiding Officer, Labour Court, Bokaro Steel City, respondent No. 1 in Reference Case No. 30 of 1994, gave the impugned award dated 27.1.1999 (Annexure 3), holding termination of the workman concerned by the management to be bad, illegal and not according to law, rules, circular and policy decision of the company and directed the management to reinstate him in service with full back wages.
(3.) CHALLENGING the said award M/s. Steel Authority of India Ltd. filed CWJC No. 2948 of 1999 (R) in this Court, which was dismissed in -limine on 30.3.2001. The learned Single Judge did not interfere with the award on the ground that it was based on findings of fact. Hence, the present appeal has been preferred by the management.;