- (1.) WHEN the Central Government Industrial Tribunal No.1, Dhanbad passed an award directing the employer to reinstead workmen as their services were found to have been terminated without compliance of the provision of Section 25F of the Industrial Dispute Act, the petitioner, the employer in relation to the Captive Power Plant of M/s. C.C.L filed writ application, bearing W.P.(L) No.1751 of 2007 which was admitted for hearing and the operation of the impugned award was stayed. Thereupon, an application was filed under Section 17B of the Industrial Dispute Act on behalf of the workmen which was allowed, vide order dated 12.8.2008 directing the employer to pay full wages last drawn by them and also the arrears of wages to them with effect from 29.3.2007 on production of certificates of last pay drawn by them and also certificates regarding identity of the workmen. When the order passed by this Court was not complied with, this case of contempt was filed by the workmen. Having appeared, the management filed show cause taking stand that since the workmen failed to produce certificates of last pay drawn on the basis of which payment was supposed to be made and also certificates regarding identity of the workmen, the order passed by this Court could not be complied with. Reply to the aforesaid show cause was filed wherein it was stated that since the workmen was out of service since long, those document could not be filed though some of the pay slips and documents which were available to them were produced along with the representation. Subsequently, under the aforesaid situation, Interlocutory application bearing no. 49 of 2010 was filed in the writ application seeking modification of the order dated 12.8.2008
(2.) HAVING regard to the facts and circumstances, interlocutory application was disposed of vide order dated 10.3.2010 whereby the order dated 12.8.2008 was modified in the following term: " Accordingly, the employer on establishing the identity of the workmen in the manner as indicated above will go on making payment of Rs.1500/- to each of the workmen every month and also the arrears of the wages with effect from 29.3.2007." It be stated that on the point of identification, workmen was directed to obtain and fill up the format as prescribed by the Management and also to furnish copy of the photographs said to have been filed before the Assistant Labour Commissioner, Hazaribagh by the union representative. On filing those documents the Management was directed to comply the verification process within one month. When the said format allegedly was not made available by the Management, the matter was raised before this Court whereby counsel appearing for the Management was directed to supply required format to the counsel appearing for the workmen in the court so that workmen may submit those formats after filling it up. Accordingly, formats were submitted in the office of the General Manager, Kathara on 12.5.2011 and 13.5.2011. On filing these formats, a committee was constituted for scrutinizing the application for the purpose of identification of the workmen.
(3.) UPON scrutiny when certain defects which are being given below were found, it was placed before this Court that as soon as the defects would be removed, payment would be made. (I) All the awardees have not submitted their proof of age as per BTA format approved by the Supreme Court of India. (ii) On scrutiny with respect to age it was found that 51 awardees would have been below age of 18 years at the time of employment. (iii) In cases of 33 awardees format was incomplete as proof of home address and permanent address and also proof of caste SC/ST were lacking. When such objection were raised on behalf of the Management, plea was taken on behalf of the workmen that age have been mentioned in the format on the basis of age recorded over the voter identity card. Since that date of birth was not correctly recorded in the voter identity card, said discrepancy has occurred but it can be ignored, keeping in view the fact that employer must have paid wages to the workmen after finding the person to be major and that copy of the photograph of each and every person affixed with the application which had been filed before the Tribunal have already been submitted before the authority.;