- (1.) THE Government of India, Ministry of Labour, in exercise of the powers under Section 10(1)(d) of the Industrial Disputes Act, 1947 at the instance of the Bihar Mines Lal Jhanda Mazdoor Union, on behalf of the workman, Md. Zubair Alam referred the following dispute to the Tribunal for adjudication : Whether the demand of the Union for reinstatement of Md. Zubair Alam as Auto Electrician with back wages w.e.f. 11.12.1989 on account of illegal stoppage from work by the Management of Amlabad Colliery of M/s. BCCL is justified? If so, to what relief the workman is entitled -
(2.) MD . Zubair Alam was a regular employee and was working as Auto Electrician in Amlabad Colliery of M/s. Bharat Coking Coal Ltd. He was working since 5.1.1987 and was stopped to work from 11.12.1989. As such, on his behalf the Bihar Mines Lal Jhanda Mazdoor Union demanded his reinstatement with back wages with effect from 11.12.1989. On reference of the aforesaid dispute, reference Case No. 105 of 1991 was registered before the Central Government Industrial Tribunal No. 2 at Dhanbad. The Tribunal by award dated 22.1.1993 (Annexure 6) directed the Management to reinstate the concerned workman (Md. Zubair Alam) as Auto Electrician with back wages @ Rs. 500/ -per month which he was getting earlier from the date he was stopped from his work within two months from the date of the publication of the Award. The Management was also directed to fix up his minimum wages as per NCWAS. However, payment of difference of wages as claimed by him was refused.
(3.) ON behalf of Md. Zubair Alam no document relating to his appointment as regular employee of the colliery was produced. On the other hand, the Management produced two bills dated 28.1.1988 and 22.5.1989 of electrical repairing charges signed by Md. Zubair Alam for and on behalf of Shama Auto Electric Works submitted to the Amlabad Colliery, which were marked by the Industrial Tribunal as Exhibits 6 and 6/1. Those two papers prima facie proved that Md. Zubair Alam was representing Shama Auto Electric Works and he had worked in connection with the electrical repairing in the colliery on behalf of the said concern.;