- (1.) C.A. No. 5797/1998. Four workmen, who claimed to be working from May or July 1972 in the Ramkanali Colliery of the appellant, raised a dispute that they were stopped from work by the management. The appellant contended before the Industrial Tribunal to whom this matter was referred that the non-coking coal mines were taken over by the Central Government on 31-1-1973 and was nationalized with effect from 1-5-1973 and none of these workmen were in employment before the date of take over. After the take over of the Colliery, a Screening Committee consisting of the representatives of the employer and the workmen scrutinized the claim of the workmen and found that the claim of these workmen was without any basis. The reference made to the Industrial Tribunal reads as follows: "Whether the demand of the workmen of Ramkanali Colliery of Messrs. Bharat Coking Coal Limited, Post Office Katrasgarh, District Dhanbad that Sarvashri Bishundeo Singh, Kanhaiya Prasad Karan, Attendance Clerks, Ashok Kumar Das, Munshi and Bachu Singh, Night Guard of West Ramkanali Section should be allowed to resume duty is justified? If so, to what relief are the workmen concerned entitled and from what date?"
(2.) The Tribunal examined the matter in detail and on consideration of evidence held that the concerned four workmen were workmen of the Ramkanali Colliery at the time of take over and they should be allowed to resume duty from the date of take over. Thereby the management of the appellant was directed to reinstate the said workmen with continuity of service from the respective dates of stoppage of their duties. However, the Tribunal made certain adjustments regarding payment of wages for the period for which they had not worked. The matter was carried by way of a writ petition to the High Court. The learned single Judge allowed the writ petition and set aside the award and the matter was carried by the workmen in letters patent appeal to the Division Bench which allowed the same and restored the award made by the Tribunal. Hence this appeal by special leave.
(3.) The contention put forth before us is that under Section 14 of the Coal Mines Nationalisation Act, 1973 (hereinfter referred to as 'the Act') a workman who was in the employment on the appointed date, namely, 1-5-1973 alone is entited to be protected in employment. On the date when the reference was made to the Tribunal, provision of Section 14 of the Act stood substituted with retrospective effect from 1-5-1973 and, therefore, the Tribunal could not have passed the award in the year 1987.;