Jhar HC | Award held unreasoned in absence of discussion of material on record and further argument and pleading of parties

Jharkhand High Court: Rajesh Kumar, J. allowed the petition of the appellant hereby remanding the matter to the Tribunal for fresh adjudication.

The facts of the present case are that Bokaro Steel Plant (SAIL) dismissed the workman from his services for long absenteeism. The industrial dispute was raised against the order of dismissal under Reference No. 75 of 2014 before the Central Government Industrial Tribunal (No. 1), Dhanbad. The Tribunal awarded fresh employment to the workman.

The Counsel for the appellant relied upon the decision of Kranti Associates (P) Ltd. v. Masood Ahmed Khan, (2010) 9 SCC 496 and stated that award is an unreasoned one as there is no discussion of the material available on the record and further argument and pleading of the parties.

In view of the above, the Court held that the award is indeed has been passed on sympathy, therefore, an unreasoned one and hence the matter is remanded to the tribunal for a fresh decision.[Employer, In re, Management of Bokaro Steel Plant v. State of Jharkhand, 2019 SCC OnLine Jhar 976, decided on 25-07-2019]

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