P TiTlCN RESPONDENTS HIGH COURT OF CHHATTISGARH : BILASPUR WRIT PETITION NO. 15?3 GF 2004 1. State 0f Chhattisgarh, through Secretary. Water Resources Department, Mantralay, Raipur (CG). Chief Engineer‘ Watef Resaurces Division, Water Resources Department, Raipur (CG). 3. Executive Engineer. Kodar Project. Water Resources Department, Mahasamund, Distt. Raipur (CG). Versus 1. Jagnuram, Sfe Ladruram 2. Purshottam, S/o Kaiiash 3. Mannulai, Slo Kanhaiya 4. Sudan. Slo Chintaram 5. Hemlai. S/o Bhuneswar 6. Kuntram, Sfo Raju Sahu 7. Purshotiam, S/o Guha Sinha / Sahu 8. 9. Bhuneswar. Ski Kapii Sahu Ghasiya. S/o Chabiiai Patei 10. Biriu, S/o Derha Nishad 11. Tiharu. 8/0 Fuilu Nishad 12. Medan, Slo Derha Nishad 13. Saikhu. S/o Siravsingh 14. Jodhan, Sio Bisahu Nishad 15. Laehchi, slo Johan Sahu 16. Kisun. Sic Janai Sahu 17. Dukaiu, Sfo Bisheshar 18. Budhu,_Skvaakharam 19. Anandram, Sfo Dasru 20. Sunder. S/o Sevaram 21. Dauiai. Sr'o 8underman 22. Vishnu. S/o Jaitram 23. Permanand. S/o Tirath 24. Kamtibai, Wfo Bisauha y—l" 25. 26, 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 3?. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. Bhuram, Sic Shamit Omprakash‘ Sfo Manrakhan Jasa‘l, S/o Khuduram Gangahai, Wfo Chattarsingh Kheduram, Slo Jethu Jamuna, Sio Chattafsingh Nirah, Sfo Thanu Aasbati, D/o Saiik Rajwantin. Dlo Phiranta Channuram, Sfo Tukaram Ramji, Sic Ramesar Manharan, Slo Jaisa! Phiranta, Slo Sampat Kumar, S/o Udayram Dilip, S/o Punit \ Narayan Yadav, SIG Kamk Hariram, Sic Ramlal Ghanshyam, Slo Banau Laxman, Sic Sundarlal Bahur, S/o Kamalnarayan Parasram, Sic Shivdayai Kheduram. Slo Jhumuk Lakhaniai. SAo Bhukhan SantoshfSio Phran $ Halas, S/o Purau Ganeshram, S/o Mangdhu Firm, Slo Baiju Bhukhan, Sfo Baddu ' 5) Hon‘bie Supreme Court in Hindustan Zinc Ltd. vs. Industrial Tribunal and another' passed the following order : “Chanenging the award made by the Industrial Tribunal holding that the dismissal of the respondent workman was illegal and directing his reinstatement with eontinuity of eervice and full bank wages and all ether attending benefits, a writ petition was preferred. ln the writ petition, learned Single Judge who disposed cf the matter noticed that the Tribunal had upheld the validity cf the enquiry ending with the termination of the service of Respondent No.2. However, on merits, the High Court reached the conclusion that the charges/aliegations made against the workman concerned are not proved. The High Com without examining the contentions regarding the correctness of the éonolusion reached by the Trlbunai, firstly, as to the scope of interference when the vaiidity of the domestic enquiry had been upheld and secondly, on merits of the matter decided the writ petition. The High Court noticed that the order made under Section 17-3 of the lndustrlat Disputes Act, 1947, had not been complied with and therefore there was no necessity to go into the merits of the case. This conclusion is rather and decided the case but it went at a tangent and proceeded to dispose of the matter for non- compliance withthe interim otder made by the High Court. Under the circumstances. we set aside the order made by the High Court and remit the matter back to the High Court for fresh consideration in accordance with law. Considering the fact that Respondent 2 workman had been terminated from service as early as the year 1980, we hope the High Court will dispose of the matter as expeditiously as possible. The appeai is accordingly allowed. There will be no order as to costs.” 6) Applying the well settied ratio as laid down by the Supreme Court in Hindustan Zinc Ltd. (supra) to the facts of the present case where the appellate authority has dismissed the appeal on account of non-compliance of the provisions of Section 65 (3} of the Act, 1%0 this appeat is allowed. The matter is remitted hack is the Industrial Court for decision on merit. ln the meantime. the State/petitioners ate directedto comply with provisions of Section 65 (3) of the Act, 1%9 by paying at least minimum back wages. 7) Consequently, M.(W.).P.No.i405!20G4 stands disposed of. ox J Gowri Sd/— Satish K. Agm'hotri Judge 1 (2001) 10 soc 211