- (1.) Civil No. 1249 of 1993 was filed by the Bharat Coking Coal Limited (for short "bccl") against an award dated 20/7/1992 passed by the central government Industrial tribunal No. 11, Dhanbad, in Reference Case No. 48 of 1991. That appeal was dismissed by this court on 18-7-1996. Thereafter, the BCCL have filed a Review Petition No. 209 of 1995 and IA No. 6 of 1996 for directions that the workmen concerned should furnish full particulars, namely, their father's name, age, address, etc. and further to direct the tribunal to carry out proper identification of the said workmen. While dismissing the review petition, this court passed an interim order in IA No. 6 of 1996 on 3/2/1997 directing the workmen to furnish a list of the workmen concerned to the learned Additional Solicitor General representing the management of BCCL in order to verify and finalise the list of workmen who were connected with Reference Case No. 48 of 1991. Pursuant to that order, the workmen furnished the list as directed and also filed a list in this court for perusal. While so, one Sanjay Kumar, for himself and for other workmen, filed certain certificates along with the counter-affidavit in IA No. 6 of 1996 claiming that they are the real workmen to be regularised as per the award of the tribunal. Taking exception to those certificates filed by Sanjay Kumar and others, the respondent-workmen in the Civil filed an IA No. 7 of 1997 under Section 340 Criminal Procedure Code read with Order 47 of the Supreme court Rules, 1966 for a direction to order an enquiry regarding the correctness or otherwise of the documents filed by Sanjay Kumar along with his counter-affidavit in IA No. 6 of 1996. This court considered INDIAN administrative SERVICE Nos. 6 and 7 and passed an order on 11/4/1997 in the following terms: "Ia No. 6 The applicant/management has filed this application on account of the difficulty expressed by it in proper identification of the workmen concerned. It does appear even from the fact that the workmen are sought to be represented by more than one person who apparently are not speaking in one voice; that there is a genuine difficulty faced by the management in making the correct identification of the workmen concerned. In such a situation, the proper direction to make is that it will ensure that the benefit goes to the correct persons identified correctly as workmen concerned and not to any one else. We, therefore, direct that in case the management faces any difficulty in identification of any workman concerned, this question relating to that workman would be decided by the tribunal to which reference may be made by the management for this purpose. The management is, however, required to discharge this obligation in respect of those workmen whose identity is proved to its satisfaction. It is made clear that the payment made by the management to the workmen concerned about whose identity it is satisfied would be at its own risk, in case any dispute arises thereafter about the correct identification of the workmen concerned. The application is disposed of. IA NO. 7 Reply be filed by Mr Sinha within four weeks. Rejoinder within two a weeks. List after six weeks. "
(2.) Pursuant to the above order, the Chief Judicial Magistrate, Dhanbad, has submitted a detailed report. In the concluding portion of the report, the learned Chief Judicial Magistrate has stated as follows: In the facts and circumstances, evidence on record and on consideration of the documents Filed by the parties, I am of the view that the certificates issued to the individuals do not appear to have been issued on the date mentioned on it; rather it might have been issued after the transfer of the said Capt. O. P. Shrivastava and that too not to the genuine workmen and the same might have been issued to some different persons after adding alias names to the original names as also by changing the address and giving some imaginary name of the contractor. In the result, I find and hold that the individual certificates filed before this court in the enquiry are not issued to the actual workmen, rather these have been issued to some other persons after restoring the name by adding some alias name and no reliance is to be placed on such certificates. In my view, these certificates have been granted with malicious attitude in connivance with respective persons only with a purpose to deprive the actual workmen from getting a job. "
(3.) The applicants in IA No. 7 of 1997 again filed IA No. 8 of 1997 with a prayer to direct the management to implement the order dated 11/4/1997 of this court and in case of dispute of identity, to direct the Presiding Officer of the central government Industrial tribunal No. 11, Dhanbad, to complete the process of identification on the basis of the records available in Reference Case No. 48 of 1991 within a reasonable period.;