S.J.MUKHOPADHAYA, J. - (1.) Both the petitioners-Management of Nirsa Area of Eastern Coalfields Ltd. (for short-ECL) and the workmen have preferred the writ petitions against the common award dated 17/01/1997 passed by the learned Presiding Officer, Central Government Industrial Tribunal No. 1, Dhanbad in Reference No. 43/1990, whereby and whereunder, while he held the action of the Management of Badjna Colliery in denying employment to Basudeo Bhuiyan and 682 others not justified, directed the petitioner management to employ at least 105 to 110 workmen w.e.f. 1979, within two months from the date of publication of award. About 683 workmen sponsored by their Union, i. e., petitioner of CWJC No. 2047 of 1997(R) pleaded that all the 683 workmen as shown in the chart presented by them were employed in Durga Boka Pahari Colliery, now a part of Badjna Colliery since before nationalisation of coal mines in the year 1973. Before nationalisation, there was some dispute between one Shri R.K. Agarwalla, owner of Durga Boka Pahari Colliery and Oriental Coal Company regarding title and ownership of the Colliery. Apart from a suit for title and ownership filed, a criminal case was also lodged. In the meantime, after nationalisation of Oriental Coal, the adjacent Badjna Colliery was taken over by the Central Government and vested with the ECL w.e.f. 1/05/1973.
(2.) It was also pleaded by them that even after nationalisation, as the Durga Boka Pahari Colliery remained in the possession of Shri R.K. Agarwalla, he continued to take work through his workers. A Civil Suit No. 5/1974 was filed by Shri R.K. Agarwalla with a plea that the Durga Boka Pahari Colliery has not been vested n the Central Government.
(3.) Further case of the sponsoring Union of workmen was that in the year 1979 by intervention of the state authority, Shri R.K. Agarwalla relented and the possession of Durga Boka Pahari Colliery passed over to ECL and merged with Badjna Colliery in the year 1979. It was that the ownership of the Durga Boka Pahari Colliery having vested with ECL and thereafter though it merged with Badjna Colliery in the year 1979, the Management of ECL did not take over the services of the 683 workmen inspite of repeated representation. Earlier, the Central Government refused to refer the dispute to the Tribunal under Section 10(l)(d) of the Industrial Disputes Act. The workmen had to file a writ petition, CWJC No. 365 of 1989 before the Ranchi Bench of the Patna High Court, wherein the Court vide order dated 26/04/1989 directed the Central Government to reconsider the matter. Another similar case was pending before the Supreme Court in Writ Petition (Civil) No. 417 of 1989 filed by the Bihar Pradesh Colliery Mazdoor Congress and another against the Union of India and ECL, in which the workmen of Durga Boka Colliery claimed for their reinstatement in the services of ECL. After hearing the parties, the Supreme Court, passed the following orders on 24/07/1989: "After hearing the learned counsel for both the parties, we direct that if the respondents start the Colliery, they will recruit the petitioners to the extent of their requirement The writ petition is disposed of accordingly. There will be no order as to costs.";