- (1.) DISPUTE relates to absorption of 14 mazdoors working in Shyamsunderpur colliery belonging to Eastern Coalfields Limited, the appellant above named. Out of 14 mazdoors 12 were female being the respondent Nos. 4 to 15, They were widows of their respective husbands who died in harness while working in the said colliery as regular worker under the appellant: The respondent nos. 16 and 17 are the sons of their respective fathers who also died in harness while working in the said colliery. Under the conditions of service they were entitled to be considered for compassionate appointment in place of the concerned deceased employee. In 1976 they were taken by the colliery as Clay cartridge maker. Since then they were working as such. They raised an industrial dispute through Colliery Mazdoor Union a registered trade union under the affiliation of INTUC. Accordingly, the Central Government passed an order of reference as appears from page 73-74 of the Paper Book referring the following disputes: "whether the demand of the workmen of Shyamsunderpur Colliery, bankola Area, ECL, P. O. Ukhra, Dist. Burdwan that the management should treat S/shrimati Jhuni Mallick, Muteswar Kohar, Subiran Bibi, dharmi Ahir, Sudia Kole, Jamuni Das, Dalmuni Harijan, Sumeswat rajbhar, Puleswari Harijan, Parbati Mondal, Pramila Mali, Suriji Das, Shri ram Lakhan Dusad and Shri Seopujan used clay cartridge makers as their workmen from the date of their appointments and that they should be paid Category-I wages along with all benefits available to colliery workman is justified ? If so, to what relief are the said workmen entitled?"
(2.) THE Tribunal after examining the evidence adduced before it both by the workmen as well as the management, published its award directing regularisation of the respondent Nos. 4 to 17.
(3.) BEING aggrieved and dissatisfied with the said award the coal company the appellant abovenamed filed a writ petition before this Court being C. R. No. 3330 (W) of 1990. The learned single Judge by His well reasoned judgment and order dated November 20, 2001 dismissed the writ petition and affirmed the award. Hence, this appeal by the coal company - appellant.;