SHASDHAR PANDEY Vs. MANAGEMENT OF STEEL AUTHORITY OF INDIA LIMITED
LAWS(JHAR)-2015-4-28
HIGH COURT OF JHARKHAND
Decided on April 20,2015

Shasdhar Pandey Appellant
VERSUS
MANAGEMENT OF STEEL AUTHORITY OF INDIA LIMITED Respondents

JUDGEMENT

- (1.) Aggrieved by office order dated 14.01.2011, the petitioner has preferred the present writ petition.
(2.) The petitioner who was displaced person was appointed as Mazdoor on 02.06.1973. After about 15 years of continuous service, a charge-sheet was issued for willful and habitual absence from duty. The petitioner was dismissed from service on 17.11.1990 and thereafter, an industrial dispute was raised. Vide award dated 04.12.2002, the reference was answered in favour of the workman and it was held that the termination of service was unjust and the workman was entitled for reinstatement with 35% back-wages and other consequential benefits. The management challenged award dated 04.12.2002 in W.P.(L) No. 3623 of 2003, which was dismissed on 04.08.2009. During the pendency of the W.P.(L) No. 3623 of 2003, the petitioner filed application under Section 17-B of the Industrial Dispute Act, which was allowed vide order dated 10.08.2004. Challenging order dated 04.08.2009 in W.P.(L) No. 3623 of 2003, the management preferred L.P.A. No. 458 of 2009, which was disposed of vide order dated 30.09.2010 however, the quantum of back-wages was reduced to 20%. After the disposal of the Letters Patent Appeal, the respondent-SAIL has issued letter dated 14.01.2011 by which the petitioner has been denied monetary benefit on account of revisional benefit, annual increment and notional promotion.
(3.) The learned counsel for the petitioner submits that award dated 04.12.2002 was for reinstatement and 35% back-wages to the petitioner, which has been affirmed in W.P.(L) No. 3623 of 2003 and therefore, the petitioner should have been granted back-wages from September, 1990 to 04.12.2002. It is further submitted that the petitioner is entitled for monetary benefits at every stage of pay revision, annual increment etc. however, the same has been denied to the petitioner.;


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