M.Y.EQBAL, J. - (1.) IN this writ application the petitioner has challenged the award dated 18.8.1994 passed by the Presiding Officer, Labour Court, Ranchi in Reference Case No. 1/92 whereby he has held that the termination of the services of the petitioner is proper and justified and the petitioner is not entitled to reinstatement or any other relief.
(2.) IT appears that by virtue of notification dated 28.11.1991 the following dispute was referred to the Labour Court for adjudication : "Whether termination of service of Shri Madhav Rao, TEM No. 15830, HMBP - - Workman of M/s. Heavy Engineering Corporation Ltd., Ranchi is proper and justified? If not, whether he is entitled for reinstatement or to any other relief." The case of the workman was that he was appointed as VTS Operator in 1963. In 1972 he was to go to Madras by availing the LTA claim. He applied for advance for that purpose. Though he received the amount from the Company but he could not travel to Madras. The management then filed a criminal case against him and the Special Judicial Magistrate 1st class, Patna found him guilty and convicted him by sentencing him to undergo simple imprisonment for a period of 18 months. The concerned workman further alleged that he filed appeal before the Sessions Judge, Patna who set aside the order of conviction and sentence and directed that the workman be put on probation for being of good behaviour for a period of 18 months. As the management did not take back the concerned workman in service in spite of the order of the Sessions Judge, the workman filed a writ petition for quashing the order of termination. In the said writ petition it was observed that the concerned workman may get his matter adjudicated by the civil Court. Consequently the dispute was referred to the civil Court. Further case of the concerned workman is that the management, without framing any charge and without holding any domestic inquiry, passed the order of termination of services of the petitioner on the basis of the conviction and sentence passed by the criminal Court.
(3.) THE case of the management, on the other hand, is that consequent upon the conviction and sentence of the concerned workman by the Special Magistrate, 1st class, Patna his service was terminated with effect from 20.10.1975. According to the management Clause 31 of the Certified Standing. Order provides for termination in the event of conviction in a criminal case without following the procedures laid down in the Standing Order.;