Sujit Narayan Prasad, J. - (1.) This writ petition is under Article 226 the Constitution of India wherein award dated 10.09.2016 passed in Reference Case No. 07 of 2008 whereby and whereunder the reference has been answered in favour of the petitioner by holding the dismissal as unjustified, directing the management within State-workman with continuity in service along with 25 per cent back wages from the date of his dismissal i.e. since 03.02.1989 till the date of raising the Reference i.e. on 23.06.2006 with the date of his actual date of retirement.
(2.) The brief facts of the case is that the respondent-workman have been appointed as post Khalasi by virtue of an order passed on 08.08.1073, promoted on the post of Crane Operator (N3) vide order dated 31.12.1984 but thereafter he is being absent from his duty unauthorizedly but taking the lenient view he has been allowed to discharge his duty by giving warning by virtue of decision taken vide letter dated 3/4 March, 1987. The respondentworkman has not made and again absented from duty, inconsequence thereof, charge-sheet was issued on 2/3 March, 1987 and the management considering the habitual nature of unauthorized absence, have issued charge-sheet by appointing an enquiry officer but he has not appeared before him. The proceeding has been concluded and the charge levelled against the petitioner has been found to be proved in consequence thereof, he has been dismissed from his service w.e.f. 03.02.1989 on the ground of unauthorized absence.
(3.) Respondent-Workman being aggrieved with the same has raised a dispute which has culminated into Reference Case No. 07 of 2008 wherein the following reference has been made:- "Whether the dismissal of Sri Sitaram Manjhi, Staff No. 269630 by the management of SAIL, Bokaro Steel Plant is justified? If not than what relief workman is entitled to"? The Labour Court, by answering the reference, has directed the management to reinstatement the workman in service along with further direction to pay 25% back wages from the date of dismissal i.e. from 03.02.1989 till 23.06.2006 and thereafter 50% of back wages with effect from 24.06.2006 to the date of actual retirement in case the workman has not worked the age of superannuation he shall be entitled for all increments and revision in pay;;