BHARAT COKING COAL LTD. Vs. JANTA MAZDOOR SANGH

JUDGEMENT

(1.) Leave granted. This appeal has been preferred by the Management against the judgement dtd. 11/2/2016 in the L.P.A. No.334/2008 whereby, the Division Bench of the High Court of Jharkhand had set aside the order passed by the learned Single Judge and restored the Award dtd. 28/9/2005 passed by the Central Government Industrial Tribunal No.1 Dhanbad whereby, the workmen respondents were directed to be reinstated with 50% back wages.

(2.) We have heard Mr. Anupam Lal Das, learned Sr. counsel appearing for the Management. The respondent-Union who were espousing the interest of the discharged workmen, is represented by Ms. Anisha Upadhyay, the learned counsel.

(3.) The appellants are the Management of Bhalgora Area of M/s Bharat Coking Coal Limited ('BCCL' for short), a Central Government Undertaking within the meaning of Sec. 617 of the Companies Act, 1956. By virtue of their status, the BCCL is required to process their recruitment, by notifying the vacancies and requisitioning names from the jurisdictional Employment Exchange, under the provisions of the Employment Exchange (Compulsory Notification of Vacancies) Act, 1959 (for short, 'the 1959 Act')