VISHNUDEO NARAYAN, J. - (1.) Both these cases (L.P.A. No. 24 of 1998 and M. J.C. No. 107 of 2001) have been heard together and are being disposed of by this common judgment.
(2.) This appeal under Clause 10 of the Letters Patent is directed against the judgment dated December 12, 1997 passed by a Bench of this Court in C.WJ.C. No. 2470 of 1992 (R) whereby and whereunder the learned single Judge dismissed the said writ application. The writ petitioner appellant had filed C.WJ.C. No. 2470 of 1992 (R) for quashing the award dated February 21, 1992 passed by the Central Government Industrial Tribunal No. I, Dhanbad in Reference Case No. 151/89.
(3.) By order No. L-20001 2(200)/84-D III(A)/IR (Coal-I) dated October 19, 1989 the Central Government in the Ministry of Labour, 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 (in short 'ID Act') has referred the dispute for adjudication to the said Tribunal. The point of reference reads as under,: "Whether the action of the management of Fularitand Colliery of B.C.C.L., P.O. Nawagrah, District Dhanbad in stopping from employment the workmen whose names are given in annexure with effect from December 19, 1983 is justified? If not, to what relief these workmen are entitled to." The learned Tribunal passed the award on February 21, 1992 answering the reference in favour of the workmen which reads as under: "Action of the management of Fularitand Colliery of B.C.C.L., P.O. Nawagrah, District-Dhanbad in stopping from employment the concerned workmen whose names are given in annexure to the award with effect from December 19, 1983 is not justified. The management is directed to reinstate them in service with effect from December 22, 1983 and pay them back wages, less wages already paid, as available to stone cutters as per N. C. W. A. within two months from the date of publication of award. The concerned workmen are also directed to report for duty within the space of time prescribed above." The petitioner appellant filed C.WJ.C. No. 2470 of 1992 (R) for quashing the said award dated February 21, 1992, Annexure-3to the writ petition, passed by the said Tribunal. The said writ petition was dismissed vide judgment dated December 12, 1997.;