AJIT KUMAR SINHA, J. - (1.) The present writ petition has been preferred for issuance of an appropriate writ, order or direction for quashing the Award dated February 24, 1995 passed by the Presiding Officer, Labour Court, Dhanbad in Reference Case No. 1/1987 (Annex.5) whereby and whereunder he has been pleased to hold that the action of the Management in terminating the service of the workmen involved in the reference was legal and justified and further held that the concerned workmen are not entitled for reinstatement or any other alleged relief. The further prayer is for issuance of an appropriate writ in the nature of mandamus upon the concerned respondents to forbear from giving effect to or acting in pursuant to the said impugned award dated February 24, 1995.
(2.) The facts, in brief, are set out as under: The petitioners herein were workmen and actively involved in trade union activities. A charge-sheet was issued against them followed by notice of enquiry and after giving notice to them disciplinary proceedings were initiated against them.
(3.) The case of the workmen is that they were the permanent workers of Shakti Kasth (P) Ltd., since long with unblemished record of service. They were agitating since long for their long standing demands under the leadership of Bihar Engineering Kamgar Union. This enraged the Management and in order to terrorize the members of the Union terminated their services illegally and arbitrarily and even without conducting any enquiry. The concerned workmen Shri Ram Dayal Singh was on sick leave granted by E.S.I, but his services were also terminated when he was undergoing treatment in the hospital. Before taking recourse to such an action no notice or in lieu thereof notice pay was given to them and no retrenchment compensation was paid to them and therefore, the action of Management taken in regard to their dismissal is highly illegal, unjust, improper and against the principles of natural justice and they are entitled to be reinstated with full back wages.;