M.Y.EQBAL, J. - (1.) This writ application is directed against the Award dated 10/12/1994 passed by Presiding Officer, Central Government Industrial Tribunal, No. 1, Dhanbad in Reference Case No.59 of 1989 whereby the Tribunal declined to pass order of reinstatement rather the Tribunal passed an award for payment of compensation of Rs. 25,000/- to each of the workmen together with interest at the rate of 12% per annum from the date of the Award. It appears that the Central Government in the Ministry of Labour has, in exercise of the powers conferred by Clause (d) of sub-section (1) and sub-section (2-A) of Section 10 of the Industrial Disputes Act, 1947 referred the following dispute for adjudication: "Whether the demand of the Rashtriya Colliery Mazdoor Sangh (INTUC) that S/Shri Asim Kumar Chatterjee and Nani Gopal Sen Gupta, Clerks (Internal Audit) who were stopped from employment in; 1976, be reinstated in Mugma and Badjna sub-area of Eastern Coalfields is justified? If so to what relief are the workmen entitled to?"
(2.) The case of the concerned workmen named above is that they were appointed in the year 1974 in the Accounts and Audit Department and were being paid their salary and allowances. They were doing the work of verifying the stores and collecting store and worked continuously from 197 4/01/1976. Thereafter, the Management stopped them from work in February, 1976 without complying with the formalities as provided under Section 25-F of the Act.
(3.) The case of the respondent Management is that the concerned workmen were appointed temporarily for few months and on consolidated remuneration. It was denied that within any 12 calendar months either of the two workmen had down duty for more than 240 days. Since there was no requirement of additional clerks and the vacancies in the meantime have been filled up by promotion of the staff, the concerned workmen were stopped from working.;