AJIT KUMAR SINHA, J. - (1.) In the instant case, the writ petitioner -Management of the Steel Authority of India Limited has prayed for issuance of an appropriate writ, order or direction in the nature of certiorari for quashing the award dated 22.08.2001, pronounced on 02.04.2002, passed by the learned Labour Court, Bokaro Steel City, Bokaro, in Reference Case No. 22 of 1993.
(2.) THE facts, in brief, are set out as under: It appears that respondent No. 2 was appointed in the year, 1972 and continued in service. Thereafter he remained absent from 14.9.1980 to 10.11.1980. However, he joined thereafter and continued in service. Respondent No. 2 again remained absent unauthorisedly with effect from 25.3.1981 to 24.10.1981. It is the contention of learned Counsel for respondent No. 2 that he was unwell and was under medical treatment for which he had duly intimated the Management under Certificate of Posting and the same has also been recorded in the impugned award under challenge. According to the petitioner -Management, it had issued a notice on 9.10.1981 to respondent No. 2 i.e. after a lapse of seven months approximately. Respondent No. 2 submitted his joining on 25.10.1981. However, the petitioner -Management vide its order dated 26.10.1981 struck off the name of respondent No. 2 from the rolls and, accordingly, terminated his services. After a lapse of 12 years a dispute was raised vide Reference Case No. 22 of 1993 under Section 10(1)(d) of the Industrial Disputes Act, 1947 and the learned Presiding Officer, Labour Court, Bokaro, vide a detailed speaking order held that the striking off the name of the appellant -respondent No. 2 herein from the roll of the Company was not legal and justified and, accordingly, directed that the workman was entitled to be reinstated in service, but since there was delay in raising the dispute, the back wages was reduced to 50% with all other consequential benefits. The order of the Management dated 26.10.1981 was set aside vide the impugned award and the present writ petition has been preferred for quashing of the aforesaid award dated 22.8.2001.
(3.) COUNSEL for the Management has raised specific issue of latches and delay for a period of over twelve years in filing the reference case since the order of removal from the service was passed on 26.10.1981 whereas reference case is of the year 1993. He has relied upon decisions of Hon'ble Supreme Court in the case of Indian Iron and Steel Co. Ltd. v. Prahlad Singh reported in (2001)1 SCC 424 and also in the case of Nedungadi Bank Ltd. v. K.P. Madhavankutty reported in : (2000)ILLJ561SC and has prayed that the writ petition be allowed and the impugned award dated 22.8.2001 be set aside on the ground of limitation.;