- (1.) HEARD Mr. K. B. Sinha, learned senior counsel for the petitioner and Mrs. Rina S. Kumar, learned counsel appearing for the concerned workman.
(2.) THE petitioner who is Management of Tata Iron and Steel Company, Jamshedpur assailed the impugned award dated 24.9.94 passed by the Presiding Officer, Labour Court, Jamshedpur in Reference case no. 31/89 whereby the reference was answered in favour of the workman and direction was issued for reinstatement of the workman as time keeper with a specified period. It appears that the Govt. of Bihar by Notification referred the following disputes for adjudication to the Labour Court. "Whether not to give work to Shri S. K. Chakrabarti from 1985 by Tata Iron and Steel Company is justified? If not whether he is entitled to reinstatement or any other relief -
(3.) THE case of the concerned workman in brief is that his father was in the service of the Management and was superannuated in 1972. Under the Scheme and in accordance with Standing Order and the Rules framed for the purpose of giving employment to the sons and daughters of deceased/retired employees, the concerned workman was given temporary employment as Mazdoor in 1975. Thereafter, he worked in different capacity time to time for temporary period and lastly he worked as time keeper till 28.8.85 and thereafter the management stopped taking work from him. The Management's case on the other hand was that the concerned workman was given temporary assignment for limited period and he was never given permanent employment at any point of time. However, it has not been disputed by the management that lastly the concerned workman has worked as time keeper till 28.8.85. When the reference was pending before the" Labour Court although management filed written statement but neither produced any evidence in support of their case nor advanced argument despite the fact that the Labour Court allowed several adjournments for adducing evidence and for advancing argument. Consequently after the evidence was concluded the impugned award was passed by the Labour Court directing the management to reinstate the workman on the post of Time Keeper within the specified period.;