IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10658 of 2002 Jamuna Flour & Oil Mills(Pvt.) Ltd. Binodpur, Police Station Town P.S. Katihar, District Katihar through its Director Pradeep Kumar Choudhary son of Late Ramautar Choudhary ……………. Petitioner Versus 1. The State of Bihar 2. The Presiding Officer, Labour Court, Purnea 3. Makeshwar Rai, son of Lakhu Rai, Mohalla- Budhuchak, P.S. Koraha, District Katihar 4. Chottelal Risi, son of Late Jangh Risi, resident of Paikaha, P.S. Koraha, District- Katihar 5. Bishwanath Mahto, son of Fagu Mahto, resident of Baraita, P.S. Koraha, District- Katihar 6. Ramlal Tanti, son of Chiraiya Tanti, resident of Barmaseha Budhuchak, P.S. Koraha, District- Katihar 7. Baidyanath Mandal, son of Bhagwati Mandal, resident of Nawada, P.S. Naugachhia, Bhagalpur 8. Jagdeo Choudhary, son of Bhuman Choudhary, Mouza Katihar Binodpur, P.S. Town Katihar, District- Katihar 9. Gambhir Paswan, son of Hari Paswan, Mouza Katihar P.S. Town Katihar, District- Katihar 10. Sitaram Choudhary, son of Phuddi Choudhary, resident of Shanti Tola Fasia, P.S.Town Katihar, District- Katihar 11. Sunder Mahto, son of Bangali Mahto, resident of Mirchai Bari, P.S. Katihar District Katihar 12. Ram Bahadur Risi son of Mohan Risi, Mouza- Tekaha, P.S. Koraha, District- Katihar 13. Fagu Risi, son of Lalji Risi, Mouza- Paikaha, P.S. Koraha, District- Katihar 14. Kedar Paswan, son of Late Balaji Paswan, resident of Laliahi,P.S.TownKatihar, District- Katihar- Respondents with CWJC No.4626 of 2003 Katihar Flour Mills Pvt.Ltd., Binodpur, P.S. Katihar, District Katihar, through its Director Rajkumar Jaloka, son of Late M.L. Jaloka ………….. Petitioner Versus 1. The State of Bihar 2. Presiding Officer, Labour Court, Purnea 3. Madhusudan Mahto, son of Gujar Mahto, Hawai Adda, P.S. Katihar, district Katihar 4. Harinath Ram 2 5. Ramchandra Mahto 6. Jalal Khan 7. Ismail Khan 8. Boki Ram 9. Kalam Khan 10. Ram Singhasan Mahto, sons of not known to the petitioner, all C/O Madhusudan Mahto, son of Gujar Mahto, Hawai Adda Katihar, P.S. Katihar, District- Katihar ……………………….. Respondents. ----------- For the petitioners:- M/S Alok Kr. Sinha & Indrajeet Bhushan, Advocates For Resp. Nos. 3 to 14: Mr. Shivajee Pandey, Sr. Advocate For the State: Mr. A. Amanullah, SC 17 and Mr. Lakmesh Marvind, AC to SC 20. ---------- 11. 13.4.2010 Both these petitions arise out of a common award dated 26.2.2001 passed by the Presiding Officer, Labour Court, Purnea in Case No. 3 of 1990 under a common reference of an industrial dispute between the two petitioner-companies and their workmen. Mr. Alok Kumar Sinha, learned counsel for the petitioners in both the cases submits that the award suffers from serious infirmities in view of the fact that various pleas raised by the management have not even been considered nor proper findings recorded with respect to them. It is submitted that demand was made only by six persons yet reference has been made for as many as 17 alleged workmen; the terms of reference are 3 vague and do not even clarify as to the persons alleged to be the workmen; only 24 persons appeared and contested before the Labour Court yet, the award has been passed in general terms in favour of all; vinculum juris of employer employee relationship has not been decided although disputed by the managements of the company; there is no proper finding regarding the workmen having worked for 240 days in the previous 12 calendar months as required before granting relief under Section 25F of the Industrial Disputes Act; there is no finding with regard to gainful employment after the alleged termination and further there is no consideration whether it was a fit case to grant reinstatement with full wages. It is submitted by learned counsel that during the pendency of the matters, there has been further development that M/s. Jamuna Flour & Oil Mills Pvt. Ltd, Katihar has been permanently closed while the assets of Katihar Flour Mills Pvt. Ltd. were taken over by Bihar State Credit and Investment Corporation and subsequently transferred to another person. Mr. Shivaji Pandey, appearing for respondent Nos. 3 to 14 in CWJC No. 10658/2002, on the other 4 hand submits that several of the above propositions were not raised by the petitioners in the written statement before the Labour Court and thus no challenge can be laid on that count. He however, admits that the award suffers from several of the aforesaid infirmities pointed out by learned counsel for the petitioners. Learned counsels for both the parties are thus agreed that in view of such serious lacuna in the award it is a fit case for remanding the same to the Labour Court for rehearing of the matter. Both the writ applications are accordingly allowed. The award dated 26.2.2001 is set aside and the matter is remitted to the Presiding Officer, Labour Court, Purnea to rehear the matter on the basis of the materials on the record and making a fresh award in accordance with law. Since the reference is nearly two decades old, the Labour Court is directed to dispose of the matter within a period of six months from the date of receipt/production of a copy of this order. S. Pandey ( Ramesh Kumar Datta, J.)