AMARESHWAR SAHAY, J. - (1.) HEARD the parties. On being raised an Industrial dispute by the petitioner Binay Kumar Prasad, a reference was made for adjudication of the dispute under Section 10(1) of the Industrial Dispute Act as to whether the termination of the petitioner as Accounts Clerk, Road Division, Chaibasa was proper, if not? Whether he should be reinstated on work and should get compensation?
(2.) THE said industrial dispute was registered as Reference Case No. 12 of 1994 by the Labour Court, Jamshedpur. The Presiding Officer, Labour Court, Jamshedpur vide his award dated 25 th February 2004 as contained in Annexure -5 to the with petition, held that the termination of the petitioner was illegal and accordingly, he set aside the termination of the petitioner from service and directed to reinstate him with full back wages and continuance of service with consequential benefits. Pursuant to the said order when the petitioner was not being allowed to join, he moved this Court in W.P.S. No. 254/2005. This Court after hearing the parties passed an order dated 31/01/2005 as contained in Annexure -1 to the writ petition, which is quoted herein below: The grievance of the petitioner is that pursuant to the award given by the Labour Court, the petitioner submitted his joining but the same has not been accepted by the Respondents. From the correspondence, made between the respondents, it appears that one authority is seeking direction from the other authorities. In that view of the matter, I direct the Superintending Engineer, Road Construction Department, Path Circle. Jamshedpur to take final decision in the matter of joining of the petitioner and pass appropriate order within two weeks from the date of receipt/production of a copy of this order. This writ petitioner is disposed of with the aforesaid direction.
(3.) IT appears that the State of Jharkhand by filing a review petition being Civil Review No. 58/2005, sought to review the said order dated 31/01/2005, passed in W.P.S, No. 254/2005. The said review petition was dismissed by order dated 21/01/2008. A certified copy of the order dated 21/01/2008 passed in Civil Review No. 58/2005 has been produced before me at the time of argument., which is kept on the record.;