M.Y.EQBAL, J. - (1.) IN this writ application the petitioner has prayed for quashing the award dated 7.1.1994 passed by the Presiding Officer, Labour Court, Bokaro Steel City, Bokaro in reference case No. 11/ 92 whereby he has directed the petitioner to reinstate the respondent -workmen in service with full back wages, continuity of service and other consequential benefits.
(2.) IT appears that the appropriate Government by notification dated 17th July 1992 referred the following dispute for adjudication : "Whether the termination of Shri Hriday Nath Pandey, staff No. 266553 Recorder -cum - Issuer Changer (S -2) Steel Melting Shop (Operation) Bokaro Steel Plant, Bokaro, from service is proper. If not whether he should be reinstated or compensation be paid." The concerned workman was absented from duty unauthorisingly and therefore action was taken by the petitioner -management and his services was terminated on 4.7.1980. The concerned workmen thereafter raised industrial dispute in 1990 and appropriate Government referred the dispute for adjudication in 1992. The Labour Court passed the impugned award on 7.1.1994.
(3.) MR . K.K. Jha Kamal learned counsel appearing for the petitioner -management assailed that part of the impugned award whereby the Labour Court awarded full back wages to the workmen. Learned counsel submitted that the Labour Court committed grave error of law in not considering the fact that although the termination order was passed in 1980 the concerned workmen did not take any step for about 10 years and it was only in 1990 a dispute was raised which was referred by the Government in 1992. Learned counsel submitted that the petitioner company cannot be penalized for the latches of the workmen who remain idle for about 10 years and only in 1990 the dispute was raised. Learned counsel relied upon one unreported decision of the Supreme Court in the case of Steel Authority of India Ltd. V/s. The Presiding Officer and Anr., (arising out of SLP No. (C) 18031 of 1993). ;