- (1.) AFTER nationalization and take over of North Tisra Colliery by M/s. Bharat Coking Coal Limited, Dhanbad, with effect from 1.5.1972, the management introduced uniform policy to pay Category I wages to all the workers. Ten Clay Cartridge Mazdoors of North Tisra Colliery, including Rain Swamp Paswan, deceased father of the respondent No. 1 raised industrial dispute and the Central Government referred the following dispute to the Central Government Industrial Tribunal No. 2, Dhanbad, under Section 10 of the Industrial Disputes Act, 1947. Whether the demand of the workmen of North Tisra Colliery of M/s. Bharat Coking Coal Limited, PS Khas Jeenagora, District Dhanbad that the management should treat Sarvashri Ram Swarup Paswan, Hira Yadav, Sushila Ravidasin, Rohan Rajwar, Be -hari Bhuiya, Ganesh Bhuiya, Jogish Bhuiya, Sadhu Bhuiya, Suraj Narayan and Hari Narayan Singh, Clay Cartridge Mazdoors as their workmen and that they should be paid Category I wages is justified? If so, to what relief are the said workmen entitled and from that date -
(2.) THE Tribunal gave award dated 9th February, 1981 to the effect that those Clay Cartridge Mazdoors were entitled to be paid Category I wages and treated as workmen of North Tisra Colliery with effect from 1.5.1972 and as such the difference of Category I wages be paid to them. The said award was confirmed by this Court on 27th May, 1988, vide CWJC No. 1134 of 1981(R). Ram Swarup Paswan died in harness on 6.9.1997, while working as Clay Cartridge Mazdoor. During his life time in 1993, he had approached the management for giving benefit of Clause 10.4.3 and give employment to his son, Mathura Paswan. His request was rejected on 22/27.1.1993. After death of his father, Mathura Paswan filed CWJC No. 1529 of 1999(R) in this Court for directing the respondents to implement order dated 27.1.1993 passed in CWJC No. 1134 of 1981(R) as well as the aforesaid award dated 9.2.1981, which was disposed of on 15.3.2001 with the following observations and directions. "The respondent B.C.C.L. can not deny its liability in terms of the Award so far the petitioner is concerned on the ground that the concerned employee has not approached the authority within a reasonable time. The submission of Mr. Mehta cannot be accepted for the simple reason that the prayer of the petitioner has been rejected only on the ground that he was not the worker of the Colliery, in question, which is contrary to the findings recorded by the Industrial Tribunal. Accordingly, for the reasons stated hereinabove, the respondent authority is directed to implement the award in toto and pay the monetary benefits arising therefrom to the petitioner concerned forthwith since the employee has died in the year 1997."
(3.) THE Deputy Chief Mining Engineer and General Manager of North Tisra Colliery, Lodhana area have filed the present Letters Patent Appeal, challenging the aforesaid order of the learned Single Judge.;