( 1 ) RESPONDENT No. 2 (hereinafter REFERRED TO to as workman, for short) was employed as Masalchi in the Kitchen of Ashoka Hotel (hereinafter REFERRED TO to as Management, for short) which is managed by the petitioner-ITDC. Chargesheet was issued to the workman in March 1984 alleging that workman remained absent unauthorisedly. Departmental enquiry was held as per which he was found guilty of the charges framed against him and resultantly his services were terminated by the management vide order dated 13th June, 1984. Workman raised industrial dispute challenging his termination which was REFERRED TO for adjudication to the Labour Court (respondent No. 1) with the following terms of reference:-

"whether the termination of services of Shri Boman is illegal and or unjustified and if so, to what relief is he entitled and what directions are necessary in this respect?"

( 2 ) ON receipt of reference the Labour Court registered it as ID No. 275/96 (later renumbered as ID 1614/95 ). The workman filed his statement of claim making averments to the effect that he was employed with the management on 17th May, 1975 as a utility worker (Masalchi) and his services were terminate