Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the parties.
(2.) Reference was made by the Ministry of Labour, Government of India through order dated 16.3.1998 in the following terms:- " Whether the action of the management of F.C.I. Patna in not regularising the services of workman Smt. Meena Devi in Class IV post and denying payment of wages and all other benefits of regular Class IV was legal and justified? If not, to what relief the concerned workmen is entitled for ? ". That has been answered against the Union and in favour of the Management by the learned Central Government Industrial Tribunal No.2, Dhanbad in Reference Case No. 18 of 1994 by the award dated 16.3.1998, Annexure-3, impugned in the present writ petition.
(3.) The workman, Smt. Meena Devi represented through the Labour Union set up a case for her regularization on the basis of her engagement as casual workman since January, 1981 in the office of A.R.D.C, Bhagalpur on the basis of circular dated 6.5.1987 adduced as Ext. M-3 by the management. Union examined one witness namely Rameshwar Ram, employee of A.R.D.C. Union exhibited several documents such as certificate dated 3.1.1991 as Ext.W-1, letter dated 6.5.1990 as Ext.W-2, photo copy of Acquittance roll as Ext. W-3, photo copy of monthly bill of the casual workers as Ext. W-4, photo copy of the Attendance Register Vide Ext. W-5, a certificate vide Ext. W-6, another letter dated 13.11.1988 vide Ext. W-7, office order dated 22.7.1988 vide Ext. W-8, a letter dated 11.4.1994 vide Ext.W-9, Memorandum of settlement dated 27.6.1994 vide Ext. W-10 and other such documents as Ext. W-11 to W-13.;