- (1.) HEARD the parties.
(2.) THE Writ Petitioner -Central Coalfields Limited is aggrieved by the order dated 13.8.2002 passed by the Presiding Officer, Labour Court, Hazaribagh in M.J. Case No. 7 of 2002 whereby, the Labour Court held that on the basis of the promotion given to the workman in terms of the Award in Reference Case No. 48 of 1989, a sum of Rs. 96,931.38 Paise was computed and the opposite party was directed to make payment of the aforesaid amount within three months. It was further held that allowing notional promotion to the workman without giving monetary benefits in terms of the Award in Reference Case No. 48 of 1989 was not justified and was an eye wash only. The facts in short giving rise to this application are that the respondent no. 2 Hari Narayan Prasad was employed as a Magazine Clerk with the petitioner Central Coalfields Limited. In course of his employment, he was charge -sheeted for certain misconducts. Domestic inquiry was held and thereafter, he was dismissed from the service. The opposite party no. 2 raised industrial dispute and thereafter, by terms of Award dated 20.7.1983 Central Government Industrial Tribunal, Dhanbad held that the dismissal of the workman was unjustified and thereby directed to reinstate in service with full back wages. Arun Choudhury Versus State Of Jharkhand
(3.) IN the year 1989, another industrial dispute was raised by the petitioner against his supersession and the said dispute was also referred to the Central Government Industrial Tribunal No. 1, Dhanbad, reference of which was as under: '' "Whether supersession on various occasions since 1975 of Shri Hari Narayan Prasad, Grade -ll Clerk under General Manager, Kuju Area of M/s. Central Coalfields Ltd., P.O. -Kuju, District -Hazaribagh by his juniors, is justified? If not, to what relief the workman is entitled -;