AJIT KUMAR SINHA, J. - (1.) In the instant writ petition the petitioner prays for issuance of an appropriate writ, order or direction or a writ in the nature of certiorari for quashing the award dated September 24, 2002 published/pronounced on December 31, 2002 by learned Labour Court, Bokaro Steel City in reference case No. 33/1988 whereby and where under the award of reinstatement with 50% back wages has been awarded in favour of the concerned workman and against the petitioner-Management. The facts, in brief, are stated as under: A dispute was raised by respondent No. 2 with regard to termination of his service and the matter was referred vide notification dated December 17, 1988 to the Labour Court, Bokaro Steel City. The reference is quoted as under: "Whether the termination of service of Sri P.C. Manjhi, Hat Job Man, Staff No. 261644, workman of Bokaro Steel Plant is justified? If not whether he is entitled to reinstatement in service or/and any other relief?" The learned Labour Court, after considering the entire case was pleased to pass the impugned award on September 24, 2002 which was pronounced on December 31,2002 and vide its award ordered reinstatement to the concerned workman with 50% back wages.
(2.) The main contention raised by the petitioner is that the respondent No. 2 was a habitual absentee and remained unauthorised absent regularly for which notices were issued from time to time but he did not file any show-cause and it was in these background that a charge-sheet was issued on November 7,1986 and enquiry was held and in the first instance he was let off with a warning on July 6, 1986. Again the respondent-workman absented himself from October 8, 1986 for which again notice was issued and charge-sheet was drawn vide letter dated December 13, 1987 and it was in these background that his name was struck off from the rolls.
(3.) In reply the counsel for the respondent submits that he was undergoing medical treatment and the medical certificate were duly exhibited before the learned Labour Court which was marked as Exhibits W/1, W1/1 and W1/2 and so on and the same were proved and these certificates were issued by doctors of Bokaro General Hospital. The learned Labour Court while considering the entire evidence, pleadings and the arguments held as under: "As such the order striking out the name of the workman from the rolls of the Company amounts to retrenchment in Clause 2(oo) of the Industrial Disputes Act. Admittedly the provisions of Section 25-F of the Industrial Disputes Act has not been complied with by the management. As such the order of the management striking out the names of the workman " from the rolls of the Company is illegal and unjustified." ;