RANCHI, India, Nov. 8 -- Jharkhand High Court issued the following order on Oct. 8:

1. Initially, this writ application was filed for quashing the Award dated 21.10.2005 in Ref. Case No. 174 of 2000.

2. During pendency of this writ application, the Management and the Workman entered into compromise settlement. Thereafter, several orders were passed, one of such orders is order dated 08.07.2025, which shows the history of the settlement and for brevity, order dated 08.07.2025 is extracted herein below:

"28/08.07.2025 The order dated 30.04.2025 reads as under:

"After going through the Award and different documents available on record, it appears that a reference was made for regularization of Shree Lakshman Rout and 9 others. Even in the last portion of the Award, a reference was made in favour of the Union i.e., Lakshman Rout and 9 others for regularization.

2. Learned counsel for the petitioner submits that since the name of Ashok Bansfore was not included in the list of workmen as indicated in Annexure-2; as such, the said workmen will not be entitled. However, it is also apparent from the record that learned Presiding Officer has categorically held that regularization should be made in favour of Lakshman Rout and 9 others in paragraph-7 of its Award.

3. The bone of contention now remains only with respect to one employee, namely, Ashok Bansfore, who was working as Sweeper since long continuously and has put more than 240 days attendance in each calendar year, which is apparent from paragraph 2 of the Award.

It is also worth mentioning that the name of Mr. Ashok Bansfore is also reflecting in the list, who has raised the industrial dispute.

Further, in the concluding portion of the Award at paragraph-6, the learned Presiding Officer has held as under:

"In the circumstances mentioned above, I find that the claim of Indian Oil Shramik Union, Eastern Region (Marketing Division) for regularisation of Lakshman Rout and 9 others with the I.O.C Depot, Dhanbad, is justified and they are entitled to be regularised as permanent employees."

4. In the circumstances mentioned above, prima facie, it appears that the claim of Indian Oil Shramik Union, Eastern Region (Marketing Division) for regularisation of Lakshman Rout and 9 others with I.O.C Depot. Dhanbad, is justified and they are entitled to be regularized as permanent employees.

Accordingly, learned counsel for the petitioner is directed to seek instruction as to why Mr. Ashok Bansfore will not get the benefit of the Award, who is one of the workmen as per the Union.

5. It is also necessary to indicate that during pendency of this writ application since the respondent no. 6 has died; as such, as per the order passed in this case, the legal heirs of respondent no. 6 will get the benefit after their name will be substituted in the instant writ application.

6. List these cases on 25.06.2025."

2. Ld. Counsel for the Petitioner reiterates the same argument that since the name of Ashok Bansfore was not in the Award; as such, he is not entitled.

3. In reply to the aforesaid submission of PetitionerCompany, Ld. Sr. Counsel for the Respondent contended that in the dispute referred by the Central Government, the name of Ashok Bansfore was very much there and his name was mentioned in the separate list attached with the Reference; as such, there is no justification for not paying the settlement amount to Mr. Ashok Bansfore, who is same and similar with other workmen, who has already been paid the settlement amount.

4. Ld. Sr. Counsel for the Respondents further submits that the order dated 30.04.2025 is very clear wherein the claim of Indian Oil Shramik Union has been dealt in detail; as such, positive order may be passed, so that the settlement amount as per the Award may be extended to Ashok Bansfore as has been given to other workmen.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=WCvX4iLft9cWqwNqTip1E9Zlbg00VRjcYz47BGBL%2B8vibBWpm1M7FeurmKWinOba&caseno=WPC/837/2006&cCode=1&cino=JHHC010230612006&state_code=7&appFlag=)

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