EMPLOYERS IN RELATION TO THE MANAGEMENT OF N.E.RAILWAY, SONEPUR Vs. PRESIDING OFFICER, CENTRAL GOVT.INDUSTRIAL TRIBUNAL NO.1 DHANBAD
LAWS(JHAR)-2003-9-56
HIGH COURT OF JHARKHAND
Decided on September 25,2003

Employers In Relation To The Management Of N.E.Railway, Sonepur Appellant
VERSUS
Presiding Officer, Central Govt.Industrial Tribunal No.1 Dhanbad Respondents

JUDGEMENT

- (1.) THE petitioner (Management of North Eastern Railways) have filed the instant writ application challenging the award passed on 29.03.2001 by the learned Central Government Industrial Tribunal No. 1 at Dhanbad in reference Case No. 91 of 1993. Heard Mr. Pradip Modi, learned counsel for the petitioner and Mr. M.M. Prasad, learned counsel for the respondent Nos. 2 to 6.
(2.) MR . Pradeep Modi, learned counsel for the petitioner has confined the writ application only insofar as it relates to the second part thereof and which relates to the question as to whether the action of the Management of Sonepur Railway Division in terminating the services of S/Shri Ram Pukar, Dular Chandra Sharma, Jairam Sharma, Md. Yunus and Jang Bahadur, all casual workers with effect from 16.02.1989 was justified or not and if not, to what relief they were entitled to. By reason of the award dated 29.03.2001, the learned Tribunal answered the aforementioned reference in favour of the casual Mazdoors named above and held that the action of the Management in terminating their services was not justified and therefore they were entitled to reinstatement but without back wages from the date of termination till the date of reference, i.e. 22.08.1993. The Management was however directed to pay back wages with effect from 23.08.1993, i.e., from the date of the reference.
(3.) THE petitioners are aggrieved by the aforementioned portion of the award.;


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