WORKMEN Vs. EMPLOYER IN RELATION

JUDGEMENT

(1.) THE termination of service of Sri Diplal Singh (hereinafter referred to as the workman), workman of Bararee Coke Company Limited, led to the following reference under Sec. 10 of the Industrial Disputes Act (hereinafter referred to as the Act) made by the Central Government to the Central Government Industrial Tribunal No. II Dhanbad, (hereinafter referred to as the Tribunal) - "Whether the action of the management of Bararee Coke Plant of Messrs. Bharat Coking Coal Limited, Post Office Kusunda, District Dhanbad in terminating the services of Sri Diplal Singh, Watchman with effect from October 19, 1971 vide Managements notice dated October 12, 1971 is justified? If not, to what relief is the workman concerned entitled?

(2.) THE Tribunal gave its award dated January 12, 1983 answering the reference in favour of the workman holding that the termination of his service is illegal and accordingly directed his reinstatement with back wages with effect from May 1, 1972, the date on which the Coking Coal Mines were nationalized under the Coking Coal Mines (Nationalisation) Act, 1972 (hereinafter referred to as the Nationalisation Act.). Being aggrieved by the said award, the Bharat Coking Coal Limited (hereinafter referred to as the B.C.C.L.), which is a Government Company in which the assets of the Coking Coal Mines of Bararee Coke Company have vested after nationalisation, filed a writ petition, C.W.J.C. No. 686/83(R), before this Court which was allowed and the award of the Tribunal was quashed by the learned Single Judge, vide Judgment dated July 18, 1989 holding that the reference and the award given by the Tribunal are illegal on account of Bararee Coke Company not being party thereto.

(3.) WE have heard the learned counsel for the parties.