AMARESHWAR SAHAY, J. - (1.) THE petitioner, a driver of the Bihar State Road Transport Corporation was chargesheeted and was departmentally proceeded with. Thereafter, by order 07.12.1988 as contained in Annexure - 5, the petitioner was compulsorily retired from the service with a further direction that to compensate the loss sustained by the Corporation to the tune of Rs. 25,000/ - shall be recovered from the dues legally payable to the petitioner.
(2.) THE petitioner challenged the aforesaid order dated 07.12.1988 (Annexure -5) before the High Court in C.W.J.C. No. 1640 of 1993 which was disposed of by order dated 25.11.1993 as contained in Annexure - 9 whereby, the High Court observed that since the question raised in the application involved violation of Certified Standing Order which cannot be determined by the High Court in its writ jurisdiction and therefore, it was observed that the against the order of compulsory retirement, he may raise an industrial dispute. The petitioner thereafter ultimately raised an industrial dispute. The Government of Bihar, in exercise of its power under Section 10(1)(c) of the Industrial Disputes Act, 1947 referred the following dispute for adjudication before the Labour Court. Whether the termination of services of Shri Sakhichandra Singh, Driver, Bihar State Road Transport Corporation, (Dhanbad Depot) Patna is justified? If not, what relief Shri Singh is entitled to? Consequent to the said reference, the Labour Court, by impugned order dated 28.06.1998, held that the workman miserably failed in establishing his case.
(3.) FROM perusal of the impugned Award, it appears that the Tribunal held that the workman has not come with clean hand nor he had tried to follow the direction given by the High Court in writ application filed by the workman himself. The Tribunal said that the workman approached the High Court against his compulsory retirement but he raised industrial dispute with regard to his termination from the service.;