- (1.) This appeal is directed against the order/judgment dated 12.08.2011 passed by learned Single Judge dismissing the writ petition, C.W.J.C.NO.1408/1999(R) of the appellant challenging the award dated 04.06.1998 passed by learned Presiding Officer, Labour Court, Ranchi in Reference Case no.34 of 1994 whereby the appellant was directed to reinstate the workman, Dashrath Upadhyay with full back wages.
(2.) The Reference made by the Government of Bihar, vide Notification No.4/D2-6033/94 issued under Section 10(1)(c) was: "Whether termination of services of workman Dashrath Upadhyay by the management of M/s.Usha Martin Industries Ltd.,Ishmal Division,Tatisilwai,Ranchi is justified? If not what relief the workman is entitled to?"
(3.) Learned counsel for the appellant has assailed the impugned judgment and order passed by the learned Single Judge in C.W.J.C NO. 1408 of 1999(R) and submitted that the learned Single Judge should have considered the legal position as decided in the case of Dena Nath and Others vs. National Fertilizers Ltd. & Ors., 1992 LabIC 75 which was affirmed by the constitutional bench of the Apex Court in the case of Steel Authority of India Ltd. Vs. National Union Waterfront Workers, 2001 7 SCC 1 which was also relied upon and confirmed in the case of National Thermal Power Corporation Ltd. Vs. Badri Singh Thakur, 2008 9 SCC 377. Hence, the impugned judgment is bad in law as without assigning any valid or legal reason the learned Single Judge has dismissed the writ petition particularly when the finding of fact that the concerned workman was an employee of the contractor and not of the appellant-Company had not been controverted. It was contended that the learned Single Judge erred in law by not appreciating the fact that the only question of law, whether by virtue of theory of deemed employment as propounded by Madras High Court in the case of Workmen vs. Best and Crompton Engineering Ltd., Madras, 1985 1 LLJ 492, has been over ruled in Dena Nath case by the Hon'ble Apex Court and the said deeming theory had not been over ruled in the case of Air India Statutory Corporation vs. United Labour Union, 1997 2 Supreme 165 and the said Air India case has been over ruled by the constitution Bench in the Steel Authority of India case.;