APARESH KUMAR SINGH, J. - (1.) Heard counsel for the petitioner and the Respondent.
(2.) Against the impugned Award dated 14.12.1999 passed in Reference No. 219/1994 by the Central Government Industrial Tribunal No. 1, Dhanbad, the present writ petition has been instituted in the year 2010 without any explanation at all. Following reference was made by the Central Government, Ministry of Labour by order dated 26.08.1994, which reads as under. "Whether the action of the management of M/s TISCO Ltd. (colliery) in terminating the services of Sri Santoshi Prasad Yadav w.e.f June 1987 is justified? If not, to what relief the concerned workman is entitled to?
(3.) As the facts in brief unfold from the pleadings and perusal of the impugned Award itself, one Gulab Gope was a permanent employee at Central Stores, Jamadoba under the Management of Tata Iron and Steel Company Limited (TISCO) who worked from 14.12.1951 for 36 years. Under the policy of the Company to give employment to the dependent of the employee, the employee could register the name of his dependent after completion of minimum period of 15 years of service in the Company. The employee Gulab Gope, father of the concerned workman Santoshi Prasad Yadav, petitioner herein, filed an application to the Management that his son Santoshi Prasad Yadav be considered for permanent absorption as he is going to superannuate after completing 36 years of service. The Management accepted the request of Gulab Gope and offered permanent employment to the concerned workman by letter dated 23.12.1987. The workman Santoshi Prasad Yadav was offered job of Miner/Loader on the strength of his service. The concerned workman did not appear in the Central Hospital for examination of his fitness. He did not even appear before the Medical Board at Central Hospital, Jamadoba either. Thereafter, father of the concerned workman made an application on 11.08.1988 that his son Santoshi Prasad Yadav who was offered employment, is not able to work in underground mine and his second son Shankar Yadav should be offered his job as his dependent in place of his first son. The recognized Union represented the case of Gulab Gope. Thereafter, Management offered employment to Shankar Yadav, second son of Gulab Gope by letter dated 11.10.1988 and as such, said person is still in employment of the Company as Miner.;