M.Y.EQBAL, J. - (1.) In this writ application the petitioner/Management of Central Coalfields Ltd. has challenged the Award dated October 27, 1995 passed by Presiding Officer, Central Government Industrial Tribunal No. 2 at Dhanbad in Reference Case No. 41 of 1987 whereby the Tribunal held that the action of the Management in denying appointment to Md. Suleman in place of his father Md. Rasool is illegal and unjustified and further directed the petitioner to give appointment with effect from January, 1987 and to pay 25% of the salary. The Government of India, Ministry of Labour in exercise of the power conferred on them under Section 10(1)(4) of the Industrial Disputes Act, 1947 has referred the following dispute to the Tribunal for adjudication: "Whether the action of the Management of Giridih Colliery of C.C. Ltd., P.O. Beniadih, Distt. Giridih in denying appointment to Shri Mohd. Suleman after his father was given voluntary retirement by the Management is legal and justified? If not, to what relief is the concerned workmen entitled?"
(2.) Facts of the case lie in a narrow compass. One Md. Rasool was a permanent worker of Giridih Colliery performing the duty as a material checker and he availed voluntary retirement scheme and applied for the same on July 5, 1978 nominating his son Md. Suleman for employment in his place. As per report of the Medical Board dated June 4, 1978 the said Md. Rasool was declared medically unfit and a proposal of his voluntary retirement was sent to the Area Headquarters for approval together with recommendation for the appointment of his son Md. Suleman. Pursuant to such recommendation approval of the voluntary retirement and appointment of the son of Md. Rasool was given by the G.M. (B&K) and the said order was conveyed by the Personnel Manager, Kargali to the Project Officer, Giridih Colliery vide letter dated August 27/28, 1980. The case of the workmen is that inspite of aforesaid approval he was compelled to continue in service and was not given opportunity to avail voluntary retirement scheme nor the Management gave appointment to his son. On the other hand, the case of the Management is that although the matter of voluntary retirement was accepted by the Management and the order of appointment of his son was accorded but neither the workman nor his son was eager to accept the same and he did not appear before the Medical Examination for getting employment. In the meantime, the workman Md. Rasool continued to work in normal course and after attaining the age of superannuation he was superannuated with effect from December 16, 1981. It is stated by the Management that there was an order of the Supreme Court to keep in abeyance the operation of voluntary retirement scheme till further order and as a result all concerned collieries were informed not to give benefit of such claim to any workman.
(3.) The Tribunal formulated the following points for consideration: (a) It is not disputed that Md. Rasul was employed in the permanent post and used to work as material checker at the Regional Stores. (b) It is admitted that he applied for voluntary retirement nominating his son Md. Suleman for employment in his place on July 5, 1978. (c) It is admitted that Md. Rasul was declared unfit by the Medical Board at Giridih vide report dated June 4, 1979 and proposal of voluntary retirement pursuant to such report sent to Area Headquarters/B&K was approved by the competent authority, i.e. the G.M. Kargali and also approving the appointment of his son Md. Suleman and it was conveyed to Personnel Manager (B&K) Kargali to the Project Officer, Giridih Colliery vide letter PD/VR/BMB/463/23035 dated August 27/28, 1980. (d) It is also admitted that no appointment nor the effect of the recommendation of the Medical Board was given to by the Management resulting in (sic) the father of the concerned workman continued his work till retirement and no appointment was given to his son Md. Suleman. ;