D Y CHANDRACHUD,J. - (1.) Leave granted.
(2.) The dispute in the present case relates to eighty eight workmen who had worked as 'Tyndals' at the Kenduadih Colliery (of the first respondent). On 14 May 1993 a Reference was made to the Industrial Tribunal by the appropriate government under Section 10(1)(d) of the Industrial Disputes Act, 1947, of the following dispute : "Whether the demand of Rashtriya Colliery Mazdoor Sangh for employment of Shri Arjun Paswan and 87 others, as per list attached is justified? If so to what relief the workers are entitled". The job description of Tyndals required these workmen to be engaged in moving engineering stores, drums of oil and grease and they were also responsible for setting up and dismantling of structures, as well as the installation and withdrawal of machinery. The Industrial Tribunal by its Award dated 16 July 1996 held that : "it is beyond the question that the persons worked under the contractor are genuine one who are the present workmen and they performed the job which was of permanent and perennial in nature and the person performing the same type of job in other collieries were regularized and so no doubt a stepmotherly attitude was taken so far these concerned workmen are concerned". The Tribunal directed the management to form a panel of the concerned workmen in accordance with seniority and to absorb or regularize them either in the work of Tyndal or in any suitable category so that the list is exhausted within a period of one year. Backwages were denied.
(3.) The first respondent filed a writ petition before the Jharkhand High Court to challenge the Award (CWJC 1655 of 1997). On 18 May 2004 a learned Single Judge of the Jharkhand High Court modified the Award of the Industrial Tribunal and directed that as and when the management intends to employ regular workmen, it shall grant preference to the workmen governed by the Award if they are otherwise suitable by relaxing the requirements of age and academic qualifications. This order of the High Court attained finality.;