M.Y.EQBAL, J. - (1.) IN this writ petition the petitioner -Steel Authority of India Ltd. has prayed for quashing the order passed by the Presiding Officer, Labour Court, Bokaro Steel City dated 22.6.2005 in M.J.C. case No 6/2002 whereby he has computed the wages payable to the workman and has also allowed certain benefits under Section 33C(2) of the Industrial Disputes Act. (in short the Act).
(2.) THE facts of the case lie in a narrow compass: The Government of Bihar made a reference under Section 10 of the Act between the petitioner -Management and the respondent -workman which was registered as Reference Case No. 3/1995 before the Labour Court, Bokaro Steel City, Bokaro for adjudication of the following dispute: Whether removal of Md. Shamsad Ansari Siloman staff No. 455885 a workman. Bokaro Steel Plant, Bokaro Steel City from work with effect from 25.9.1982 is proper? If not, what relief the workman is entitled to? The Labour Court, after hearing the parties, published the award on 22.12.1999 whereby the Labour Court held that the workman is entitled to reinstatement in service with full back wages and other consequential benefits. Petitioners case is that due to perversity in the award the Management decided to challenge the same in the High Court. The workman made a request, by his letter dated 14.8.2002, that he is ready, willing and agree to accept 50% of the back wages and consequential benefits if he is reinstated in service. The workman represented that if his proposal is accepted, he shall not agitate any claim whatsoever, in future. Based upon the said commitment of the workman a settlement was arrived at on 5.12.2000 whereby it was unequivocally agreed that the Management shall pay 50% of the back wages and other consequential benefits with effects from the date of his termination up to the date of settlement i.e. December, 2000. Accordingly a letter dated 3.2.2001 was issued by the Management reinstating the workman and allowing him 50% of the total financial benefits and other consequential benefits. The workman received monetary benefits in terms of the settlement dated 5.12.2000 along with dearness allowances etc. After receiving the benefits the workman filed a petition dated 12.7.2002 under Section 33(C)(2) of the Act for implementation of the award passed in the reference case and also for computing the monetary benefits in terms of the award. The said application was registered as MJC case No. 6/2002. The Management challenged the maintainability of the said application in terms of the settlement arrived at by the workman and also the merit of the claim.
(3.) THE Labour Court allowed the said application and awarded the entire benefits. A copy of the said order, which is impugned in this writ petition, has been annexed as Annexure 12 to this writ application.;