R.K.MERATHIA, J. - (1.) HEARD the parties.
(2.) PETITIONERS have prayed for quashing the award dated 18.9.1996 passed by the Presiding Officer, Labour Court, Ranchi in Reference Case No. 7 of 1994, whereby and whereunder it was held that the termination of services of respondent No. 2 being void ab initio, he will be deemed to be in service and entitled to full back wages. The father of respondent No. 2 retired on 31.12.1980. After his death, on or about 19.10.1982, her widow approached the then Chief M inister of Bihar for appointment of one of her son, on any vacant post with the petitioner No. 1. The Chief Minister ordered petitioner No. 1 to consider it as a special case. Accordingly, by letter dated 5.11.1982, petitioner No. 2 (the Superintendent, Government Vaccine Institute, Namkum, Ranchi) appointed respondent No. 2 (Shashi Bhushan Choudhary) on purported 'compassionate ground' as 'Mazdoor' and requested the Director of the Health Department to confirm the same. By letter dated 13.9.1983, the Health Department expressed its inability to confirm the said appointment. Accordingly respondent No. 2 was removed on 26.9.1983. He challenged the order of his removal vide C.W.J.C. No. 195 of 1987 (R), which was dismissed on 3.3.1987 by passing the following order: Heard. The service of the petitioner was terminated in 1983 and this writ petition has been filed on 25.2.1987. According to the petitioner he was repeatedly filing representations to the State Government for relief. We are not satisfied that the petitioner has explained the delay in filing the writ petition. This writ petition is dismissed.
(3.) RESPONDENT No. 2 then moved the Supreme Court but his SLP No. 15230 of 1987(AN) was dismissed on 15.11.1989. Then he filed an application (Annexure -R/2 -A) before petitioner No. 1 the Management on 28.6.1991 with a copy to the Deputy Labour Commissioner, raising a purported industrial dispute on the ground that his termination was illegal for non -compliance of Section 25F of the Industrial Disputes Act ('I.D. Act' for short). On 24.1.1994, the following dispute was referred for adjudication: Whether Shri Sashibhusan Choudhary Mazdoor of Govt. Vaccine Institute Namkum, Ranchi is a workman under the Industrial Dispute Act, 1947? If so, whether the termination of the services is proper? If not, what relief is entitled to?;