TAPEN SEN, J. - (1.) HEARD Mr. P.P.N Rai, learned counsel for the petitioner and Mr. T.K. Das, learned counsel appearing on behalf of the respondent No. 2.
(2.) THE petitioner namely the Bihar State Road Transport Corporation has filed the instant Writ Application for quashing the Award dated 14.7.1997 as contained in Annexure -1. According to the Corporation, the respondent No.2 was appointed in the year 1972 by the Divisional Manager, Ranchi who ranks junior to the Additional General Manager. On 3.4.1982 and 3.8.1982 two charge sheets were served upon him on the allegation of disobedience as also carrying unbooked passengers. An Enquiry Officer was appointed who submitted the report in respect of both the charge sheets holding the respondent No. 2 guilty. Thereafter the Additionai General Manager of the petitioner Corporation dismissed the respondent No. 2 by letter dated 21.1.1986. An appeal was then preferred before the Chairman -cum -Managing Director but that was rejected on 10.2.1987. Thereafter, a dispute was raised which culminated in the reference which was referred to the respondent No.1 for adjudication as to whether the dismissal of the respondent No.2 was proper and justified and if not, whether he was entitled to reinstatement or for any other relief.
(3.) BEFORE the Presiding Officer, Labour Court, Ranchi the workman had inter alia contended that the inquiry was defective and that the Additional General Man - ager namely Nanhe Prasad who had dismissed the workman on 21.1.1986 had no authority to do so. At paragraph 5 of the Award, it is apparent that the petitioner -Corporation refuted the aforementioned stand of the concerned workman and stated that Nanhe Prasad, the then Additional General Manager was in fact competent to terminate the concerned workman.;