APARESH KUMAR SINGH, J. - (1.) HEARD the Learned counsel for the parties.
(2.) THE management- petitioner seeks quashing of the award dated 14.5.1998 pronounced on 21.9.1998 by the Presiding Officer, Labour Court, Bailey Road, Patna in reference case no. 1/1994 |81/1994 whereby the Labour Court while answering the reference proceeded to hold that the termination of the Mr. R.P.Verma, workman-respondent no.2, herein, Accounts Trainee is not legal and valid rather discriminatory and consequently the termination order dated 22.12.1988 has been set aside directing the management to reinstate the workman with full back wages with all admissible consequential benefits. It is the case of the petitioner- management that the respondent no.2- workman was appointed as Accounts Trainee by the General Manager of the M/s Indian Tube Company Ltd., Jamshedpur vide letter dated 15.9.1983 wherein after he joined on 1.10.1983. The said company M/s Indian Tube Company Ltd. merged with TISCO and became its tube division, thereafter. It is further submitted by referring to Annexure-3 dated 21.5.1983 that the notice was issued inviting application from eligible dependents of permanent employees of the company for consideration for training under the 'Accountant Training Scheme' . It is stated that in Annexure-3 it was categorically indicated that the selected candidates will be required to undertake on the job training under the Accounts Department in Jamshedpur and obtain I.C.W.A qualification within a period of 5 years, failing which training will be terminated. It was further indicated that the training will be confirmed as soon as they possess qualification of I.C.W.A within 5 years from the commencement of the training but in no case before the 1 1/2 years commencement of training, which is the minimum stipulated time of training.
(3.) IT is further stated that this respondent no.2 was appointed vide order contained in Annexure-4 dated 15.9.1983 wherein it was categorically stated that Trainee has to complete I.C.W.A qualification within a period of 5 years from the commencement of the training , failing which his training will be terminated. It is submitted that the petitioner failed to complete the aforesaid I.C.W.A. Qualification by passing the final examination within the stipulated period of 5 years by 1.10.1998 and, therefore, by the order contained at Annexure- 9 dated 27.12.1988 his training was terminated w.e.f 1.10.1998, clearly stating therein that the he has failed to complete the I.C.W.A within a period of 5 years by 30.9.1998. It is further submitted that the petitioner had been a regular absentee even during the training period and as a matter of fact, since 01.6.1988 he never attended duty and completely absented from his work till he was terminated vide Annexure-9. The petitioner, thereafter, raised an industrial dispute and on failure of conciliation proceedings the reference was made originally before the Presiding Officer, Labour Court, Jamshedpur in the following terms:- " Whether the termination of services of Sri R.P.Verma , Accounts Trainee, M/s TISCO ( Tube Division) , Jamshedpur is proper? If not, whether he should be re-instated on work or/ and should get compensation?" ;