Satyeshwar Roy, J.

1. The petitioner-Company has challenged the validity of the order dated 3rd December, 1983 as contained in Annexure-11 in Reference Case No. 20 of 1981 by which respondent No. 1 held that the departmental proceeding initiated against the workman-respondent No. 2 was not fair and proper and Annexure-12, the award dated 28th January 1984 by which respondent No. 1 held that the order of discharge passed against respondent No. 2 was not justified and directed for his reinstatement. In the award, a direction was also given for payment of all back wages to him.

2. The workman at the relevant time was working as a Press Operator under the petitioner. He absented himself without any leave or permission with effect from 19th December, 1970. According to the petitioner, in view of his continued unauthorised absence, on 8th January, 1971 a charge sheet against the workman was drawn up and it was sent to his address at Jamshedpur as also his home address. The workman did not file any show cause and the departmental proceeding proceeded ex parte. The workman was found guilty of absence without permission or leave. By order dated 5th March, 1971 he was discharged.

3.