Aparesh Kumar Singh, J.

Heard learned counsel for the parties.

2. By the impugned Award dated 9th October, 2004 passed in Reference Case No. 8 of 1999 by Presiding Officer, Labour Court, Bokaro Steel City, Bokaro, petitioner-management has been directed to reinstate the workman in service with 50% back wages from the date of dismissal within three months of the date of commencement of the Award.

3. The workman has been substituted by his legal heirs during the pendency of the writ application on his death.

4. By Notification no. 7/Shram-D-3607/97 L&E-4312 dated 6th October, 1998 issued under Section 10(1) (c) of Industrial Disputes Act, 1947, the following reference was made to learned Labour Court, Bokaro Steel City, Bokaro.

“Whether the termination of services of Sri R.B. Bhuiaya, workman Staff No. 190041 BMP Coke-Oven and B.P.P. by the management of M/s. Bokaro Steel Plant, Bokaro Steel City of the charge of unauthorized absence is proper? If not, what relief the workman is entitled to?”.

5. Brief facts relevant for adjudicating the issues raised herein are being noticed hereunder:

The concerned workman was appointed as Gas Helper in 1972 and got promotion from time to time i