S.J.MUKHOPADHAYA, J. - (1.) THIS writ petition has been preferred by the petitioner State of Jharkhand against the Award dated 12th November, 2003, passed by the Presiding Officer, Labour Court, Deoghar, in Reference Case No. 4 of 2003, whereby and whereunder, while the reference has been answered in favour of the workman (respondent herein), the petitioner State has been directed to reinstate the workman -respondent, on the same post with the same service conditions and pay, but without back wages.
(2.) THE main question to be determined in the present case is : Whether the impugned Award dated 12th November, 2003 passed by the Presiding 20/5/2014 Page 50 Sita Ram Sahu Versus State Of Bihar (Now Jharkhand) Officer, Labour Court, Deoghar in Reference Case No. 4 of 2003 is legal ? A Reference under Sec.10 -1(C) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the I.D. Act ') was made by the competent Government to the Labour Court, Deoghar for determination of the following question : Whether the termination of the services of the workman Shri Jwala Raut of the Executive Engineer, Irrigation Division, Deoghar is justified ? If not, what relief, he is entitled to ?
(3.) THE workman respondent appeared and filed written statement and claimed that he was a daily rated worker of Irrigation Division, Deoghar and worked between March, 1982 to May, 1985. He further pleaded that he served for more than three years and had completed 240 days. He requested to confirm his service, but was not considered. On the other hand, his sendees were terminated on 1st September, 1985, without assigning reasons. The learned Presiding Officer, Labour Court, Deoghar, by the impugned Award dated 12th November, 2003 passed in Reference Case No. 4 of 2003, while held that the termination of services of the workman was unjustified and illegal, directed the State to reinstate him on the same post with same service conditions and pay, but without back wages.;