- (1.) THE present writ petition has been preferred for issuance of an appropriate writ, order or direction in the nature of certiorari for quashing the exparte Award dated 6th November, 2000 passed by learned Presiding Officer, Labour Court, Jamshedpur in connection with Reference Case No.5 of 1999 whereby and whereunder an ex -parte award has been rendered against the petitioner by declaring that the respondent No.1 to 4 are entitled for reinstatement with back wages.
(2.) THE facts, in brief, are set out as under: The petitioner Bank is duly registered Co -operative Bank and governed by the relevant rules and regulations enshrined under the Bihar Co -operative Manual. It has several branches and has its own by -laws and rules and regulations which prescribe for the modalities and procedure for appointment of Clerks or Office Assistants and the Management Board alone is empowered and in case of supercession, it is the Administrator who has whole and sole authority to make even temporary/contingent appointment/ engagement which also is subject to confirmation of the Board subsequently. The respondent Nos.1 to 4 were engaged in March, 1994 by persons who have no authority under the rules and regulations and the Managing Director, on coming to know of the same immediately took a decision pursuant to the Board decision dated 2.5.95 and 19.9.95 and issued a general letter for retrenchment of all such illegally engaged persons. An industrial dispute was raised vide notification No.7/Sharam -D -31013/97 L&E -4911 dated 21.11.1998 and the following reference was made to the Labour Court, Jamshedpur: "Whether the retrenchment of Sarb Sri Umesh Pd., Rajiv Kumar Vishwakarma, Kamal Kishore Mahto, Shashi Bhushan Prasad, Sivraj Gupta, Ravi Kant Thakur, Basudev Narayan Das, Ratnash Lakra daily wages Assistnats and Sarbshri Sudeb Adhikari, Arbind Kumar Mahto, Sanjay Poddar, Peon and Sri Sambhu Guard of Singhbhum Zila Kendriya Sahakarita Adhikos, Head Quarter Chaibasa is justified? If not, what relief they are entitled to - It appears that the petitioner Bank did not appear in spite of notice and 6th the matter was proceeded ex -parte and the impugned award dated November, 2000 was issued setting aside the order of retrenchment followed by direction to reinstate the private respondent Nos.1 to 4 and they were directed to be reinstated with all consequential benefits. The same is sought to be challenged in the present writ petition.
(3.) PURSUANT to the award in their favour the private respondent Nos.1 to 4 had preferred Writ Petition (L) No.6094 of 2002 before the High Court of Jharkhand at Ranchi. It was disposed of vide order dated 14.11.2003 directing the respondent No.1 to look into the matter and take immediate action for implementation of the award in accordance with law. The present writ petition has been filed after a lapse of four years by the petitioner Bank challenging the aforesaid award.;