M.Y.EQBAL, J. - (1.) IN this writ application the petitioner has prayed for quashing the Award dated 3.12.1999 passed by Presiding Officer, Labour Court, Ranchi in Reference Case No. 0011/92 whereby the Labour Court answered the reference against the petitioner and held that the concerned workman was not directly recruited by the respondent -Heavy Engineering Corporation and therefore the question for reinstatement does not arise.
(2.) IT appears that the Government of Bihar by notification dated 14.10.1992 referred the following disputes to the Labour Court for adjudication : - - "Whether Sri Ashutosh Pandey, Office Assistant was direct workman of Heavy Engineering Corporation? If so whether termination of services of Sri Pandey is proper? If not Sri Pandey should reinstated or work/and should be given compensation - The case of the concerned workman is that he worked as Office Assistant in the Project Division of Heavy Engineering Corporation Ltd. at Jayant CHP in Madhya Pradesh from 22.10.1982 to July 1986 without any break and without availing any facilities. For the good work done by him he was given testimonial dated 28.9.1984. However, it is contended that the Project Manager and the residents Engineer abruptly and orally terminated his services - -with effect from August 1986.
(3.) FURTHER case of the workman is that proposal to retain all the casual employee was given to the Project Manager and after four months he was again taken back in the service and after expiry of two months an extension was given for another three months. This time the workman said to have worked from 23.12.1986 to 20.5.1987 without any break at the rate of 16.10 paise per day.;