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2009 Supreme(Jhk) 1149

AMARESHWAR SAHAY
Management of Bokaro Steel Plant, a Unit of Steel Authority of India Ltd – Appellant
Versus
Presiding Officer, Bokaro – Respondent


Advocates appeared:
For the Petitioner Mr. Rajiv Ranjan.
For the Respondent No. 2 Mr. A.K. Sahani.

Judgment

Amareshwar Sahay, J.-The Management of Bokaro Steel Plant Ltd. has challenged the award of the Presiding Officer, Labour Court, Bokaro dated 19.4.2001 as contained in Annexure-10 to this application, whereby the Labour Court in an answer to the reference made to it, held that the action of the Management in dismissing the workman from service of the company by office order dated 23.5.1992 was illegal, improper and unjustified and consequently the workman was directed to be reinstated with full back wages and other consequential benefits.

2. As it appears that the case of the Management is that the workman Alamdar Khan was appointed as welder/Gas Cutter on 10.12.1972. He while in service contracted another marriage during the lifetime of his first wife without permission of the Management which according to the Management was an act of gross misconduct. It is said that at the time of entering in the service the workman had made a declaration that he was unmarried and subsequently in the year 1974 he informed the Management that he married Anwari Khatoon, on 17.6.1974 at Gaya and accordingly the name of his wife Anwari Khatoon was recorded in his personal file as his wife. In











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