- (1.) THE petitioner, namely, Bihar Colliery Kamgar Union representing the workman has filed this writ petition seeking appropriate direction upon the respondent -BCCI for implementation of the award dated 31st March, 1992 passed by the Central Government Industrial Tribunal No.1, Dhanbad in Reference Case No. 179 of 1990. By the said award the workman have been given the benefit of departmentalization from 27.8.1990 and payment of wages as per N.C.W.A. IV. However, the grievance of the petitioner is that although in similar circumstances the respondent -BCCI implemented the award but they are not ready to implement the award in respect of the petitioner.
(2.) MR . M. M. Banerjee, learned counsel appearing on behalf of the Respondent -BCCI submits that the Management challenged the award by filing a writ petition which was dismissed and thereafter the Management filed Special leave Petition before the Supreme Court. However, Mr. M. M. Banerjee is not in a position to say whether the Special Leave Petition filed before the Supreme Court has yet been disposed of or not. In the counter -affidavit filed by the respondent no.2 the Assistant Labour Commissioner it is stated that when the management failed to implement the award the petitioner -Union vide letter dated 7.8.1992 informed the office about non -implementation of the award. Accordingly the Management was directed vide letter dated 21.12.1992 to implement the award. When the award was not implemented the matter for launching prosecution was proceeded and finally complaint was filed against the Management -BCCL for non -implementation of the award in the court of Chief Judicial Magistrate, Dhanbad.
(3.) ADMITTEDLY the award was passed in 1992 and the workman till date have not received the benefit under the award inasmuch as neither the workmen have been reinstated in service nor have been paid benefits.;