EASTERN COALFIELDS LTD Vs. S K MUKHOPADHYAYA

JUDGEMENT

(1.) HEARD the parties. Both the connected matters are taken up together and decided by this common judgment. The management has challenged the, award whereby and whereunder the management has been directed to give employment to the two workmen (respondent Nos. 3 and 4), in such post as they were previously employed, whereas CWJC No. 1484 of 1994 (R) the two workmen have challenged the award on the ground that back wages from 18.11.1986 has not been provided in the award. CWJC No. 754 of 1994 (R) Learned counsel for the petitioner sub - mitted that the following facts are uncon - troverted.

(2.) AGAINST the said award, the present writ petition has been filed by the manage - ment. By order dated 12.5.1994, the order of reinstatement was stayed by this Court sub - ject to the petitioner paying Rs. 1500/ - per month to the two workmen with effect from the date of the award which shall be subject to adjustment, dependent upon the result of this writ application.

(3.) AFTER hearing the parties at length, and going by the judgment of the Constitution Bench of the Hon 'ble Supreme Court, reported in Rohtas Industries Limited v. Rohtas Industries Staff Union, 1976 (32) FLR 50 (SC) and in view of that fact situation emerging in this case, we are of the view that the award deserves our inter - ference under Articles 226 and 227 of the Constitution of India.