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2024 Supreme(Jhk) 876

ANUBHA RAWAT CHOUDHARY
Sajda Kaneez wife of late Badre Alam – Appellant
Versus
Tisco Limited – Respondent


Advocates Appeared:
For the Appellant :Mr. Sarju Prasad, Mr. Altaf Hussain, Mr. Afaque Ahmed, Advocate, Mr. Atmaram Choudhary, Advocate, Ms. Neelam Kumari, Advocate
For the Respondent:Mr. Manish Mishra, Advocate, Mr. G.M. Mishra, Advocate

JUDGMENT :

This writ petition has been filed challenging the award dated 22.10.2011 passed by learned Presiding Officer, Labour Court, Jamshedpur in Reference Case No.11 of 1997 whereby the learned court has held that the reference was not maintainable and has also decided the case on merit that the termination of service of the concerned workman Sri B. Alam by the management was proper and the workman was not entitled for any relief.

2. The terms of reference before learned labour court, Jamshedpur was as follows:

    “Whether the termination of service of Shri B. Alam, Billet cutter check no.2006 by M/s Tisco Tubes Division is proper? If not, what relief he is entitled to?”

Arguments of the Petitioners.

3. The learned counsel appearing on behalf of the petitioners, while assailing the impugned award, has submitted that the finding of the learned court that the reference itself was not maintainable, is perverse inasmuch as once the dispute is referred to the labour court for adjudication, the learned labour court has no option, but to answer the reference. The learned counsel submits that the detail discussion with regard to the maintainability of reference is from paragraph 7 wherein the

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