Tata Steel Limited vs Their Concerned Workman, Rishishwar Sharma

I.A No.8024 of 2023

This interlocutory application has been filed under section 5 of the Limitation Act for condonation of delay of 4 days in filing the present Letters Patent Appeal.

In view of the averments made in the application, I.A No.8024 of 2023 is allowed.

L.P.A. No. 352 of 2021

The challenge laid in this Letters Patent Appeal is to the writ Court’s order dated 23rd September 2021 passed in W.P.(L) No. 4516 of 2010.

In W.P.(L) No. 4516 of 2010 the writ Court has declined to interfere with the Award dated 12th January 2010 made in Reference Case No.29 of 1996 under which the Labour Court at Jamshedpur recorded a finding that the conditions under section 25-F of the Industrial Disputes Act, 1947 were not satisfied and retrenchment of the workman was not justified. Consequently, the Labour Court has ordered the reinstatement of the workman with 50% back wages.

The writ Court has held as under:

“43. In the present case, the Workman has pleaded in his deposition as such, he has discharged his initial burden and no contrary evidence has been brought on record by the Management. The Workman has worked for 21 years, but suddenly one morning on 31.03.1995 the Workman was given termination letter without assigning any reason that to at the age of 51 years and the nature of work carried out by the Workman was not available in the open market, as such, this Court is of the view that the finding recorded by the learned Tribunal with regard to the back-wages also does not require any interference by this Court.

Accordingly, the aforesaid Writ Petition is hereby dismissed on merits.”

On instructions, Mr. Manish Mishra, the learned counsel for the appellant seeks permission to withdraw the present Letters Patent Appeal.

We accordingly order so with an indication that the point raised by the appellant remains open.

I.A No.8023 of 2023 for staying the operation of the writ Court’s order dated 23rd September 2021 stands disposed of.