R.K.MERATHIA, J. - (1.) THIS writ petition has been filed for quashing the award dated 31.3.1993, passed in Reference Case No. 41 of 1988 by the Presiding Officer, Central Government, Industrial Tribunal No. 2, Dhanbad. The Tribunal heard four Reference Cases, including Reference Case No. 41 of 1988, on the preliminary point of maintainability and held that they are not maintainable in view of the Coal Mines Nationalization Law (Amendment) Act, 1986 (Amendment Act ' for Short).
(2.) THE petitioner, an employee of Loyabad colliery, after due enquiry was dismissed on 6.4.1968 on the charge of defalcation of money, belonging to the Cooperative Stores of the Colliery. Under the Coal Mines Nationalization Act, 1973 ( 'Nationalization Act ' for short), the Colliery was nationalized. It appears that a criminal case was -also instituted against the petitioner regarding the said defalcation in which he was acquitted by judgment -dated 9.10.1980. The petitioner claims that he made a representation for his reinstatement as also for granting him other benefits on 5.12.1982 i.e. after two years of the said judgment of acquittal. Admittedly, the petitioner attained his age of superannuation on 60 years in 1987. Thereafter, he raised an Industrial dispute on 29.1.1988. On 10.2.1988 reference was made which was registered as Reference Case No. 41 of 1988. Thus, it is seen that he raised the dispute after 20 years of his dismissal and eight years after his acquittal and when he crossed the age of retirement. On 15.12.1986 the Amendment Act was promulgated, which was made retrospective, i.e. with effect from the date of nationalization -in this case 1.5.1973. For the sake of convenience, Section 14 (1) of the Nationalization Act, as it originally stood, is reproduced hereunder: '' "Employment of Certain employees to continue ''(1) Every person who is a workman within the meaning of the Industrial Disputes Act, 1947, and has been, immediately before the appointed day, in the employment of a coal mine shall become, on and from the appointed day, an employee of the Central Government or, as the case may be, of the government company in which the right, title and interest of such mine have vested under this Act, and shall hold office or service in the coal mine with the same rights to pension, gratuity and other matters as would have been admissible to him if the rights in relation to such coal mine had not been transferred to, and vested in, the Central Government or the government company, as the case may be, and continue to do so unless and until his employment in such coal mine is duly terminated or until his remuneration, terms and conditions of employment are duly altered by the Central Government or the government company".
(3.) UNDER the Amendment Act, inter alia, Section 14 was deleted except retaining it 'ssub - section (4), Section 14 stood substituted with effect from 1.5.1973 as follows : "14. Liability of officer or other employee of a coal mine for transfer to any other coal mine. Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947) or in any other law for the time being in force, the services of any officer or other employee employed in a coal mine shall be liable to be transferred to any other coal mine and such transfer shall not entitle such officer or other employee to any compensation under this Act or any other law for the time being in force and no such claim shall be entertained by any Court, Tribunal or other authority.";