- (1.) Seeking quashing of order dated 27.08.2009 and award dated 09.09.2009 in Reference No. 86 of 1990, the present writ petition has been filed.
(2.) The brief facts of the case are summarized thus: The father of the petitioner was appointed as Munshi (under ground) on 05.03.1968 at Bhatdee Colliery in Mahuda Area No. 11 of M/s Bharat Coking Coal Limited. He was dismissed from service on 20.02.1988. A dispute was raised by the father of the petitioner and the same was referred for adjudication vide Reference No. 86 of 1990. While the reference was pending before the Industrial Tribunal, the father of the petitioner died on 05.09.2008. An application for substitution was filed by the petitioner on 04.01.2009. On 27.08.2009 when the matter was listed before the Industrial Tribunal, the petitioner was not represented and thus, application dated 04.01.2009 was not pressed. Consequently, the application for substitution of the deceased-workman was dismissed and an award was passed on 09.09.2009. The petitioner preferred application dated 11.09.2009 for recall of order dated 27.08.2009 however, the same has been dismissed on 09.06.2010. Constrained, the petitioner has approached this Court.
(3.) The learned counsel for the petitioner submits that on 27.08.2009, no one appeared on behalf of the petitioner however, the Industrial Tribunal dismissed the application dated 04.01.2009 erroneously in as much as, reference has been made by the Appropriate Government for adjudicating the proprietary and validity of dismissal of the workman which was required to be adjudicated. The petitioner has vital interest in prosecuting the reference pending before the Industrial Tribunal and thus, one opportunity should have been granted by the Industrial Tribunal to the petitioner. It is further submitted that immediately after the petitioner came to know that the Industrial Tribunal has passed award dated 09.09.2009, an application was moved on 11.09.2009 for recalling order dated 27.08.2009 however, the same has also been dismissed vide, order dated 09.06.2010. Assailing order passed by the Industrial Tribunal and the award dated 09.09.2009, the learned counsel for the petitioner submits that the Industrial Tribunal has passed the aforesaid orders, ignoring the mandate of Industrial Disputes Act, 1947.;