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2019 Supreme(Jhk) 633

RAJESH KUMAR
Management of Bokaro Steel Plant, a Unit of Steel Authority of India Ltd. – Appellant
Versus
Workmen represented by Chikitsa Karamchari Sangh – Respondent


Advocates Appeared:
For the Petitioner: Mr. Rajiv Ranjan, Sr. Adv., Mr. Piyush Chitresh, Adv.
For the Respondent: Mr. B.V. Kumar, Adv., Mr. Manoj Kumar Mishra, Adv., Mr. Majoj Kr. Tamboli, Adv., Mr. V. K. Sinha, Adv.

JUDGMENT :

1. Heard counsels for the parties.

2. The present writ petition has been filed for quashing the award dated 23.06.2004 pronounced on 14.09.2004 in Reference Case No. 04 of 1993 by Presiding Officer, Industrial Tribunal, Ranchi, whereby the reference has been answered in favour of the workman.

3. From argument and pleading, it appears that Union has raised Industrial Dispute claiming that the service condition of workman has been changed by the employer in contravention of Section 9A of the Industrial Disputes Act, 1947. All workman had been appointed before year 1975. After giving promotion, their service condition had been changed in the year 1980 onwards. By this change, their leave and other benefits had been changed to the disadvantage of the workman. On failure of conciliation, the matter has been referred vide Reference Order No. 04 of 1993. The terms of reference is as follows:-

    “Whether to reduce the benefit of the workers in Annexure-I by the Management of Bokaro Steel Plant ignoring the provisions of company’s conduct Rules and Disciplines and Appeal Rules in the Company’s Standing Orders regarding leave and other benefits? If not, workers are entitled for what re

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