- (1.) THE petitioner, Management of Steel Authority of India, Bokaro Steel Plant, by filing this writ petition has challenged the Award dated 4.12.2002 passed by the Labour Court, Bokaro Steel City, whereby the Labour Court directed reinstatement of the workman with 35% back wages along with all other consequential benefits except the back wages for the period from 28.2.1989 to August 1990.
(2.) THE case of the writ petitioner is that the workman S.D. Pandey was a Mazdoor and he joined the service of Bokaro Steel Plant on 2.6.1973 but he was always absenting from duty unauthorizedly right from 1976 till he was finally charge sheeted and dismissed from the service of the Company after due and proper enquiry. On the other hand, the case of the workman is that he is a displaced person, whose house, homestead and agricultural lands were acquired for setting up the Bokaro Steel Plant. He was appointed under a scheme under which displaced persons were given appointment and accordingly, he joined his service on 2.6.1973. In course of his service, he developed some disease, so he was forced to go on leave on medical advice and he never absented from his service without prior sanction and information. He fell seriously ill on 21.2.1989 because of jaundice and then was hospitalized for treatment. According to the petitioner, he had informed about his sickness by sending applications supported with medical certificate to the Company. Further case of the workman is that the punishment of dismissal from the service is illegal and unjustified and in any case is harsh and disproportionate to charge levelled against him not commensurate with gravity of the misconduct.
(3.) DURING pendency of this application, by filing an interlocutory application, a prayer was made on behalf of the workman that the Management be directed to pay full back wages and current wages during the pendency of the writ petition as envisaged under Section 17B of the Industrial Disputes Act. In paragraph -6 of the said interlocutory application, the workman did specifically state that he was sitting idle since the date of his dismissal. By order dated 10.8.2004, the said application under Section 17B of the I.D. Act filed by the petitioner was allowed.;