- (1.) Aggrieved by award dated 26.09.2006 in Reference Case No. 3 of 2004, the present writ petition has been filed.
(2.) The brief facts narrated in the writ petition are that, the petitioner was employed as Peon in the year, 1986 and thereafter, he was designated as Shop Assistant in Bata Shoe Store, Ranchi. On the allegation of active trade union activities, the petitioner was terminated from service on 04.07.1994. This gave rise to an industrial dispute which culminated into award dated 12.11.1998 in Reference Case No. 15 of 1996 holding the termination illegal. The respondent was directed to reinstate the petitioner with full back wages from the date of termination, that is, 04.07.1994. The award challenged by the respondent in C.W.J.C. No. 2411 of 1999(R) was dismissed on 21.03.2001. The Letters Patent Appeal preferred by the respondent against dismissal of writ petition also stood dismissed on 13.06.2001. Thereafter, the petitioner was permitted to join on 29.06.2001. A demand was raised by the Union on behalf of the petitioner for regularisation of his service with effect from 04.07.1994 and for payment of arrears of salary. After the conciliation failed, the following reference was made vide notification dated 24.03.2004. "Whether not to regularise the services of Shri Shishir Kumar Mukherjee, Shop Assistant, M/s Bata Shoe Store, Lower Bazar, Main Road, Ranchi is justified If yes, then since when & what other relief he is entitled to"
(3.) In support of the claim of the workman two witnesses were examined. The management also examined two witnesses. The Labour Court answered the reference in negative vide award dated 26.09.2005.;