R.K.MERATHIA,J. - (1.) THE petitioner has prayed for quashing the Industrial Award dated 26.5.1995 (Annexure 1) passed by respondent No. 2 in Reference Nos. 109 of 1991 and 131 of 1991 directing to treat the case of respondents No. 4 to 11 under Section 25 -H of the Industrial Disputes Act, 1947 (for short "the Act") and to offer re -employment within two months from the award becoming enforceable and to re -employ those who offer them for re -employment, without back wages, and subject to their physical fitness, failing which, pay them monthly salary as compensation every month.
(2.) ON 29 th October, 1991, the following dispute was referred for adjudication which gave rise to Reference Case No. 109 of 1991: Whether the action of the management of State Bank of Bikaner and Jaipur in terminating the services of the under mentioned workmen with effect from the date shown against their name, is legal and justified? If not, to what relief the workmen are entitled to? Sl. No. Name of the workmen Date of termination 1. Shri Girdhar Gopal 01.02.1979 2. Shri Manindra Kumar Gupta 22.11.1981 3. Shri Vinod Kumar Singh 24.07.1982 4. Shri Rajiv Ranjan 23.08.1984 5. Miss. Tapoti Sarkar 23.12.1982 6. Shri Raghubansh Kumar Singh 23.07.1980 7. Shri Amit Sinha 24.09.1982 8. Shri Girdhar Gopal Tiwari 10.05.1984 On 12 th November, 1991, the following dispute was referred which gave rise to Reference No. 131 of 1991: Whether the action of the management of State Bank of Bikaner and Jaipur in terminating the services of the undermentioned workmen with effect from the date shown against their name, is legal and justified? If not, to what relief the workmen are entitled to? Sl. No. Name of the workmen Date of termination 1. Shri Bishwajit Das 23.3.1987 2. Shri Ashok Kumar Das 06.07.1980 3. Shri Gokul Kishore Roy Chowdhary 31.12.1981 4. Shri Man Mohan Krishna Verma 15.2.1984 5. Shri Shakti Kant Dubey 14.11.1981 6. Shri Ashraf Ziyauddin 28.07.1983 Both the references were decided analogously by the impugned order. In Reference No. 109 of 1991, three persons, namely, Shri Girdhar Gopal, Shri Manindra Kumar Gupta and Shri Rajiv Ranjan did not appear. Similarly, in Reference No. 131 of 1991, Shri Bishwajit Das, Shri Gokul Kishore Roy Chowdhary and Shri Man Mohan Krishna Verma did not appear and, therefore, the said references were confined to the remaining eight persons who are respondents No. 4 to 11 in this writ petition.
(3.) AFTER hearing the parties and going through the records, I am satisfied that the impugned award is illegal, perverse and without jurisdiction for the following reasons.;