Patna High Court
The Management Of Bihar,Fal-Sa vs The State Of Bihar And Ors on 25 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4114 of 1998
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THE MANAGEMENT OF BIHAR,FAL-SA
... ... Petitioner/s
Versus
THE STATE OF BIHAR and ORS
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sourendra Pandey, Advocate
For the State : Mr. Kinkar Kumar SC 9
For Respondent No. 3 : Mr. Sanjay Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 25-11-2021
Heard learned counsel for the petitioners.
In the instant petition, petitioner has prayed for
following relief/reliefs:
"This is an application for quashing the
award dated 24th July, 1995 passed in reference case
no. 29 of 1993 by the learned Labour Court
(Respondent no. 2) directing reinstatement of
Respondent No. 3 with full back wages and also
quashing the order dated 27.1.1998 passed in Misc.
Case No. 2 of 1995 by the learned Labour Court
dismissing the petition for setting aside the ex-parte
award."
In the instant petition, petitioner management questioned
the validity of the award dated 24.07.1995 passed in reference
Case No. 29 of 1993 of the Labour Court, Patna, by which order of
termination of the respondent workman was held to be invalid and
further it is ordered that respondent workman shall be reinstated
Patna High Court CWJC No.4114 of 1998 dt.25-11-2021
with full backwages. This Court stayed the award dated
24.07.1995 on 02.02.2000 whereas the present petition was
presented in the year 1998 in respect of award dated 24.07.1995.
Respondent workman was appointed as daily wage
worker with the petitioner management in the month of March,
1986 and his services was orally terminated in the month of
August, 1987. Further he was taken back to duty on 05.08.1989
afresh. Thereafter, due to closer of the petitioner management in
the month of April, 1990, the petitioner services were terminated
on 12.05.1990 thus, petitioner raised internal dispute. State
referred the dispute to the Labour Court. Reference is of the year
1993. Though the reference of the year 1993 was pending on the
file of Labour Court till 1995, the petitioner management failed to
appear or represented by its counsel thus, ex parte award was
passed by the Labour Court on 24.07.1995. Petitioner preferred
miscellaneous petition and it was rejected. From the month of July,
1995 till filing of the present petition in the year 1998 the
petitioners have not implemented the award dated 24.07.1995.
That apart interim order was granted on 02.02.2000.
Interim order was granted on 02.02.2000. Petitioner
management being a part and parcel of the State Government and
a Model employer should have reinstated the workman respondent
Patna High Court CWJC No.4114 of 1998 dt.25-11-2021
subjected to result of the litigation to be filed or after filing of the
present petition till 02.02.2000 date on which interim order was
granted. During pendency of the present petition workman had
died in the result legal heirs have been brought on record.
Learned counsel for the petitioner submitted that
question of violation of Section 25 F is not available to the
respondent workman. Having regard to the fact that his afresh
appointment was on 05.08.1989 and his services were terminated
on 12.05.1990. The same was not appreciated by the Labour
Court, therefore, the petitioner is not entitled to have the benefit
under Section 25 F of the ID Act, and it is further submitted that
termination of the petitioner is on the issue that the petitioner
management was closed in the month of April, 1990 and all the
daily wagers working as on the date of the closer of the petitioner
Unit were sent home.
Per contra, learned counsel for the workman
vehemently submitted that order of termination was in the month
of August, 1987 pursuant to the earlier appointment in the year
1986. He could not raise a dispute due to financial constraint and
that apart he was approaching the petitioner respondent
management and they had reinstated the petitioner on 05.08.1989.
Therefore, there is no infirmity in the award. That apart the
Patna High Court CWJC No.4114 of 1998 dt.25-11-2021
petitioners have not appeared in the dispute reference 1993 before
the Labour Court and they had sufficient time for their appearance
between 1993 to 1995. Therefore, there is no infirmity in the
award dated 24.07.1995.
Heard learned counsel for the respective parties.
Undisputed facts are that petitioner was initially
appointed on daily wage basis in the month of March, 1986 and
his services were terminated in the month of August 1987. The
respondent workman has not questioned the validity of order of
termination in the month of August, 1987. He has accepted the
fresh appointment on 05.08.1999 without any protest.
It is also undisputed that petitioner management was
closed in the month of April, 1990 due to which petitioner's
services were terminated on 12.05.1990 as he was only a daily
wager. Due to passage of time workman has died and legal heirs
have been brought on record. Therefore, ex parte award cannot be
set aside and remand. Further order of termination is dated
12.05.1990, therefore, in order to give quietus to the litigation and
in the light of the Apex Court decision in the case of Bharat
Sanchar Nigam Limted vs. Man Singh (2012) 1 Supreme Court
Cases 558 it is sufficient to grant lumpsum amount and it is
Patna High Court CWJC No.4114 of 1998 dt.25-11-2021
quantified for the period from march 1986 to 12.05.1990 a sum of
Rs. 3 lakhs.
The petitioner is hereby directed to pay lumpsum
amount of Rs. 3 lakhs to the workman legal heirs within a period
of three months from the date of receipt of this order to the above
extent. The award dated 24.07.1995 is modified.
Petition is allowed in part.
If the petitioner failed to pay the aforesaid amount
within the stipulated period, the aforesaid amount shall carry @ 6
% interest from the date of presentation of this petition.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 30.11.2021
Transmission Date NA
