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2006 DIGILAW 783 (JHR)

Bihar State Financial Corporation v. Presiding Officer, Labour . . . Respondents Court

2006-07-03

D.K.SINHA, SUDHANSU JYOTI MUKHOPADHAYA

body2006
Order Both these appeals have been preferred by the Bihar State Financial Corporation (hereinafter to be referred as 'Corporation') against the common judgment dated 23rd September, 2002 passed by the learned Single Judge in C.W.J.C. No. 2619 of 1999R and C.W.J.C. No. 2651 of 1999(R), whereby and whereunder the learned Single Judge while dismissed both the writ petitions preferred by the Corporation, affirmed the common Award dated 24th November, 1998 passed by the Presiding Officer, Labour Court, Ranchi, in Reference Case Nos. 2 of 1996 and 5 of 1996. By the aforesaid common Award dated 24th November, 1998 the Labour Court answered the reference in favour of the workmen respondents, holding their orders of termination illegal. 2. The Governor of Bihar vide notification no. 4/02-10016/96 LE&T 301 dated 2nd March, 1996 made the following terms of reference for adjudicatiol1 by the Labour Court, Ranchi, in respect to Sri Nelson Lucas Barla: "Whether the termination of services of Sri Nelson Lucas Barla, daily wages peon, Bihar State Financial Corporation, Main Road, Ranchi, is proper? If not what relief the workman is entitled to?" 3. By another notification no. 4/D219023/96 L&T 0016/96 L&E-312 dated 23rd March, 1996 the Governor of Bihar made the following terms of reference to Labour Court, Ranchi, for adjudication in respect to Sri Naurung Ram: "Whether the termination of services of Sri Naurang Ram daily wages workman of M/s Bihar State Financial Corporation, unit Main Road, Ranchi is proper? If not what relief the workman is entitled to?" 4. The aforesaid two references were registered as Reference Case No. 2 of 1996 (in respect to Sri Nelson Lucas Barla) and Reference Case No. 5 of 1996 (in respect to Naurang Ram). 5. On appreciation of evidence available on record and taking into consideration the stand of the Management and workmen, the learned Presiding Officer, Labour Court, Ranchi, held the order of termination illegal; retrenchment having been made without following the procedure of mandatory provisions of Section 25F of the Industrial Disputes Act, 1947. and answered the Award in favour of workmen. 6. Before the learned Single Judge the Management of Bihar State Financial Corporation challenged the same on one of the grounds that the Corporation is not an 'Industry'. and answered the Award in favour of workmen. 6. Before the learned Single Judge the Management of Bihar State Financial Corporation challenged the same on one of the grounds that the Corporation is not an 'Industry'. Having noticed the admission made by the officials before the Labour Court and non-denial of the fact by the witnesses of the Management, the learned Single Judge held that such question was not required to be answered. 7. Having heard counsel for the parties and in view of the nature of the evidence as noticed and discussed by the Labour Court, we are also of the view that Corporation in question is an 'Industry' and find no ground made out to interfere with the judgment of the learned Single Judge passed on 23rd September, 2002 in C.W.J.C. No. 2619 of 1999(R). There being no merit, both the appeal are dismissed.