DEBASISH KAR GUPTA,J. - (1.) The writ application is filed by the petitioner-union for consideration of the cases of its members for absorption under Eastern Coalfields Limited.
(2.) Having heard the learned counsel appearing for the respective parties as also after considering the facts and circumstances of this case I find that on an earlier occasion an application under Article 226 of the Constitution bearing no. C.O. 10461(W) of 1986 (In Re : Nigha Colliery Majdoor Union, Asansol v. The Union of India and Ors.) was filed. The subject-matter of challenge in the above writ application was an award dated July 23, 1983 passed by the Central Government Industrial Tribunal, Calcutta in reference no. 58 of 1982 holding that the reference was invalid, bad in law and incompetent. The above writ application was disposed of on December 14, 1988 with the following orders:- "The award in question does no suffer from any irregularity and/or illegality. But regard being had to the materials on record, this Court finds that the petitioner and/or the aggrieved workmen will be helpless if the appropriate Government does not move in the manner as indicated under Section 10 of the aforementioned the Contract Labour (Regulation and Abolition) Act, 1970. Under this Section the Government has to apply its mind to various factors before the Government prohibits by notification in the Official Gazette. Considering this aspect of the matter the writ petition is disposed by directing the respondent no. 1 to cause an appropriate enquiry by applying its mind to various factors and the grievances of the petitioner in the manner stated in the writ petition within six months from the date of communication of the order. It is, however, made clear that this court has not decided anything on merit as to whether the factors necessary to cause a notification are at all present or not. The respondent no. 2 is however directed to take proper steps so that no workman engaged for doing underground work at Ningha Colliery, is compelled to take up a job which is prohibited by Government in its Notification No. SO-488 dated 15.12.75. The writ petition is thus disposed of. There will be no order as to costs."
(3.) It is submitted by the learned counsel appearing for the petitioner-union that in view of the above order the members of the petitioner-union are entitled for absorption and/or for compensation from the respondent no. 5.;