- (1.) By filing this interlocutory application, it is stated that the concerned workman, respondent No. 2 has died during the pendency of this writ application on 20.11.2004 leaving behind his widow, namely, Mrs. Khurshida Begum as his legal heir. In this view of the matter I.A. No. 2926 of 2004 is allowed and the name of Mrs. Khurshida Begum be substituted in place of the deceased respondent No. 2 i.e. the concerned workman, namely, Md. Mohuiuddin. Writ Petition (L) No. 3151 of 2001 Heard the learned Counsel for the parties.
(2.) The writ petitioner employer M/s Tata Yodogawa Ltd. has filed this writ petition challenging the Award dated 1.2.2001 pronounced on 30.4.2001 by the Labour Court, Jamshedpur, in Reference Case No. 02 of 1993, whereby he set aside the termination of service of the concerned workman and directed the petitioner to reinstate the workman in service with full back wages and consequential benefits except payment of back wages for the period from 1.6.1988 to 31.5.1990, by holding that the punishment awarded to the concerned workman was disproportionate to the charge.
(3.) The charge against the concerned workman was that he had taken 4 days casual leave from 29.2.1988 to 3.3.1988 and after some days the management received another application dated 5.3.1988 from the concerned workman to the effect that he was sick and was under going medical treatment, as such, he was unable to attend his duty till recovery.;