Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the petitioners and the State.
(2.) The learned Presiding Officer, Labour Court, Ranchi has answered the reference quoted as under against the workmen/ petitioners herein by the impugned award dated 29.11.2006 passed in Reference Case No. 7 of 2002:- "whether the dismissal of Sarvasri Shibu Mahto and Saukat Ansari workmen by the management of Mahalaxmi Fibres and Industry Limited, Ormanghi is justified? If not what relief these workmen are entitled to?" 2A. Both petitioners i.e. the workmen have set up a case of termination from service against the Respondent No. 2, management through their written statement. The Respondent management challenged the maintainability of the reference and denied that the concerned workmen were terminated from service. According to them the workmen had tendered their resignation on their own accord and did not raise any grievance with the management. The following issues were framed by the learned Court for adjudication:- "(i) Whether the services of the concerned workmen Shibu Mahto and Saukat Ansari was terminated by the management or concerned workmen resigned from the service? (ii) Whether they are entitled to any relief or reliefs?"
(3.) Workmen adduced two witnesses, one being petitioner No. 2 himself, while W.W.2 being one Anjani Kumar Pandey. No documentary evidence was filed by the workmen. Management examined one witness, M.W.1 Pannalal Mahto. Management adduced Ext.A the resignation letter dated 3.3.2000 of petitioner No. 2 Saukat Ansari; Ext.A/1 resignation letter dated 4.8.1999 of petitioner No. 1 Sibu Mahto; Ext. B- the final accounts of payment of Saukat Ansari; Ext. B/1 the final account of Shibu Mahto; Ext.C is the letter dated 19.5.2000 of Saukat Ansari; Ext.D is joint photograph of Saukat Ansari and his wife; Ext. D/1 is the certified thumb impression of Saukat Ansari; Ext.D/2 is particulars of family members of Saukat Ansari approved by panchayat Sewak; Ext. E is a letter addressed to P.F. Commissioner regarding settlement of Provident Fund and pension of Saukat Ansari; Ext. F is the statement of Bank account regarding the encashmennt of cheque No. 361391 of Rs.20,527/- in the name of Shibu Mahto; Ext. G is the joint photograph of Shibu Mahto and his wife; Ext. G/1 is the certificate of Panchayat Sewak detailing the family particulars of Shibu Mahto; Ext.H is the letter dated 28.10.1999 addressed to Provident Fund Commissioner for settlement of Provident and pension of Shibu Mahto; Bank statement regarding the encashment of cheque No. 383829 for Rs.14,077.95 in the name of Saukat Ansari is marked "X" for identification.;