H.C. Mishra, Deepak Roshan, J. - (1.) Heard learned counsel for the appellant and learned counsel for the respondent.
(2.) The appellant Management is aggrieved by the impugned Award dated 20.05.2003, passed by the Central Government Industrial Tribunal No. 2, Dhanbad, (hereinafter referred to as the 'Tribunal'), in Reference Case No. 23 of 1996, whereby, while answering the reference in favour of the workman, who was not in the active service in the colliery since the year 1978, the Tribunal directed his reinstatement with 50% back wages with effect from the year 1978 itself. The appellant Management is also aggrieved by the Judgment dated 25.02.2010, passed by the Hon'ble Single Judge, in W.P. (L) No. 3945 of 2004, whereby, the writ application challenging the said Award was dismissed by the Writ Court.
(3.) The terms of reference of the industrial dispute, as made by the Central Government to the Tribunal, was as follows:- "Whether the Union is justified in demanding from the management of Pathardih Colliery of M/s. BCCL resumption of his services retrospectively with effect from 1978 of Sri. Umapada Thakur, Explosives Carrier? If so, to what benefit the concerned workman is entitled and from which date?" ;