S.J.MUKHOPADHAYA, J. - (1.) THIS writ petition was preferred by the Management of Bokaro Steel Plant, Bokaro, against the award dated 17th March, 2001, pronounced by the Presiding Officer, Labour Court, Bokaro Steel City Bokaro, on 16th August, 2001 in Reference Case No. 4 of 1995. By the said award, the reference was answered in favour of the workman -2nd respondent.
(2.) IT appears that the Government of Bihar vide Notification No. 4/D2 -14034/95 L and E dated 11th August, 1995, in exercise of power conferred under Clause (C) of Sec.10(1) of the Industrial Disputes Act, 1947r eferred the following dispute to the Labour Court, Bokaro : Whether to take work of Store Keeper from Shri Tarkeshwar Mahto, Staff No. 690067, Junior Assistant Town Administration Department Bokaro Steel Plant by the Management and not to give designation and pay scale of the said post is justified? If not, to what relief he is entitled and from which date? By the impugned award, the reference having been answered in favour of the workman -2nd respondent, the present writ petition has been preferred by the Management. After hearing the parties, this Court vide order dated 16th January, 2002 passed the following orders : Mr. Bhaiya Vishwajeet Kumar files Vakalatnama on behalf of respondent No. 2. Therefore, no notice need be issued against it. Counsel for the petitioner will serve two copies of the writ petition with its enclosures on Mr. Kumar by tomorrow (17.1.2002), who will obtain instruction and file counter affidavit within 8 weeks. Place the case for admission according to its age. Until further orders, operation of the award, passed in Ref. Case No. 4 of 1995 shall remain stayed.
(3.) THE case was subsequently admitted for hearing. During pendency of the writ petition, a joint petition being is No. 2302 of 2005 has been preferred on behalf of the petition -Management and the workman -2nd respondent, praying therein, to dispose of the writ petition in terms with the agreement reached between the Management and 2nd respondent, as mentioned at Paragraph No. 7 of the said petition, which is being quoted hereunder: That after prolonged discussion and deliberations the parties have now agreed to jointly approach the Hon ble Court to consider disposal of the writ petition on the following terms: - (i) That the workman respondent No. 2 Sri Tarkeshwar Mahto, S/No. 690067 of Town Administration Department would be redesignated as Assistant in the pay scale of Rs. 5100/8164 in L -7/S -7 Grade, w.e.f. 16.3.2001. (ii) That the pay of the workman respondent No. 2 would be fixed in the grade of S -7/L -7 notionally w.e.f. 16.3.2001. (iii) That, however, on this account no arrears of wages would be paid, and the monetary benefits consequent upon the above pay fixation would be paid to the Workman Sri Tarkeshwar Mahto w.e.f. the date when Sri Mahto joins in the S -7 grade, after disposal of the writ petition. ;