Tapen Sen, J. - (1.) THE petitioner who is the wife of workman Ghanshyam Tiwary has filed this writ application for quashing the award dated 20.8.1996 as contained at Annexure 8, passed in reference case No. 3 of 1992 by which it was held that the termination of the concerned workman was just and proper and therefore, he was entitled to no relief.
(2.) THE petitioner has further prayed for quashing the Office Order dated 8.8.1987 as contained at Annexure -7 by reason whereof the Deputy Manager (Personnel) informed the petitioner that in view of his unauthorized absence from duties with effect from 9.3.1987 for which no satisfactory explanation had been given, the management, invoking Clause 15(x) of the Certified Standing Orders, had deemed that he had left the services of the Corporation of his own accord and therefore, his name was struck off from the rolls of the HEC from 9.3.1987. The petitioner also prays for issuance of a writ of mandamus for payment of adequate compensation for illegally terminating the services of the workman who died during the pendency of the case in the Court below and also hold that the said order of termination is illegal, without jurisdiction and in violation of the provisions of Certified Standing Order Nos. 15(x), 28(v), 30(ii)(f), 33 besides Article 14 of the Constitution of India. She also prays that the respondents be directed to pay compensation for agony, torture and hardship on account of which the workman died on 18.1.1994 during the pendency of the case leaving behind him a big family. She also prays for 18% interest per annum and cost of litigations. The short facts, which are necessary to be taken note of in the instant case, are that the husband of the petitioner, namely, Ghanshyam Tiwary was appointed as Tracer on 26.1.1965 and at the time when his services were terminated, he was working (after having been promoted twice) as a Senior Draftman Grade -I. According to the petitioner, he fell ill and was put under the treatment of the then Superintendent of Ranchi Mansik Arogyashala, but due to his mental illness (schizophrenia) he could not join duty.
(3.) ON 30.3.1987, he received a letter/notice issued under memo No. 1201 by which he was informed about his unauthorized absence and consequently asked to file an explanation failing which, it was stipulated, that the management would be constrained to invoke the provisions of Clause 15(x) of the Certified Standing Orders.;