N.N. Tiwari, J. - (1.) THIS appeal has been preferred against the order dated 6.1.04 passed by learned Single Judge in C.W.J.C. No. 990/1997(R) whereby learned Single Judge has affirmed the award dated 7.8.1996 passed by learned Presiding Officer, Labour Court, Ranchi in Reference Case No. 7/1990.
(2.) WHETHER removal of the concerned workman declaring him to have lost his lien on appointment in terms of Clause 15(X) of the Certified Standing Order of the Heavy Engineering Corporation Limited is justified, is a short question needs to be answered in this appeal. The appellant -Heavy Engineering Corporation Limited, Ranchi (hereinafter referred to as 'H.E.C Ltd.') raised the same point before the Presiding Officer, Labour Court, Ranchi in Reference Case No. 7/1990.
(3.) LEARNED Labour Court after thorough consideration and appraisal of the facts, materials and evidences on record held that in order to invoke the provisions of Clause 15(X) of the Certified Standing Order, notice has to be served on the concerned workman legally and validly before his dismissal/removal under the said clause. In this case notice was not validly served by the Management. Learned Labour Court, thus, rendered its award in favour of the concerned workman and answered the said point in negative. It was held that striking off the name of the concerned workman from the rolls of the H.E.C. Ltd. was not legal and justified and that he would be deemed to be in service and is entitled to his salary and all consequential benefits.;