- (1.) This order will dispose of C.W.P. Nos.6824, 7803 to 7808, 7837 to 7839 and 7944 of 2011.
(2.) The petitioner Cement Corporation of India Limited questions the awards dated 6.5.2010 and 2.8.2010 (Annexures P-6 and P-8 respectively) of the Central Government Industrial Tribunal-cum-Labour Court, Chandigarh (hereinafter referred to as the Tribunal) while exercising its power under Section 33C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act). The petitioner/company is a cement factory located at Charkhi Dadri, Bhiiwani, but was closed on 31.10.2008 after taking due permission from the Central Government. Initially this unit was set up by M/s Dalmia Dadri Cement Factory Ltd. and had on its roll 1600 workers working in the factory out of which 800 workers were employed in the mines. When the unit closed down, services of all the employees were terminated, except 95 employees.
(3.) Eventually, the closed Undertaking was taken over by the Government of India by a Presidential Ordinance and later on by an enactment of an Act of the Parliament called the Dalmia Dadri Cement Ltd. (Acquisition and Transfer of Undertakings) Act, 1981. To revive the unit, fresh employment was given to the ex-employees of the Dalmia Dadri Cement Factory. An issue arose about the date of births of the employees who were to be re-inducted into service and thus, the petitioner/ company fell back on the dates of births recorded in the earlier appointment order or as given by the Medical Board, where no date of birth was recorded.;