Sujit Narayan Prasad, J. - (1.) This writ petition is under Article 226 of the Constitution of India wherein award dated 20.01.2015 passed in reference No.53 of 2004 has been answered in favour of the respondent-workman directing the management to take him into job after observing all formalities within a month after publishing the award in the Gazette failing which action may be initiated.
(2.) The said award has been assailed by the management on the following grounds :- (i) the award is perverse since the contention raised by the management in the written statement has not been considered. (ii) the employee in whose place the workman is seeking appointment on the ground of said medical unfitness, was terminated from service way back on 12.07.1990 and on attaining the normal age of superannuation, he retired on 30.09.2001, this aspect has specifically been pleaded in the written statement but no such consideration has been made in the award, therefore, the findings is perverse, hence not sustainable.
(3.) Learned counsel for the workman has submitted that there is no infirmity in the award rather the Tribunal after taking into consideration the entire material facts has answered the reference which suffers from no illegality.;