JUDGMENT

M.M. DAS, J. : This writ petition has been filed the work¬man-petitioner against the award dated 14.11.2002 passed by the Presiding Officer Industrial Tribunal, Rourkela. On an industrial dispute being raised upon failure of conciliation, the matter was referred to the Industrial Tribunal under Section 10(1)(d) read with Section 12(4) of the Industrial Disputes Act, 1947 (for short ‘I.D. Act’), the same was registered as I.D. Case No.23 of 2001. The reference was as follows:

“Whether the termination of services of the workman Sri Arjun Charan Sahoo, working as Peon at Fertilizer Branch, Rourke¬la of the Bank, by the Secretary, Sundargarh, Dist. Central Co-operative Bank Ltd., Sundargarh w.e.f. 28.7.2000 is legal an/or justified? If not, to what relief the workman Sri Sahoo is enti¬tled to?”

2. After filing of the respective statements by the par¬ties, the Tribunal framed three issues, which read as follows:

1. Whether the 2nd party workman was in continuous employ¬ment for more than one year under the Ist party management?

2. Whether the termination of services of 2nd party workman by the Ist party management w.e.f. 28.7.2000 is legal and/or justified?

3. If not, to what