M.Y.EQBAL, J. - (1.) HEARD Mr. G.M. Mishra, learned counsel for the petitioner. No one appears on behalf of the respondents inspite of service of notice.
(2.) IN this writ application the petitioner has prayed for quashing the Award passed by the Central Government Industrial Tribunal No. 2, Dhanbad, whereby he has held that the workmen employed in a supervisory capacity in the petitioner 'scollieries namely Mining Sirdars and Overmen must be promoted in accordance with the instruction issued by the Committee known as the Joint Bipartite Committee for the Coal Industry and not in accordance with petitioner 'sown promotion policy. The Government of India, Ministry of Labour in exercise of power conferred under Section 10 of the Industrial Disputes Act, 1947r eferred the following disputes to the tribunal for adjudication vide their order dated 19.9.1986 : "Whether the action of the Management of the Collieries of M/s. Tata Iron and Steel Co. Ltd. in not considering (1) Overmen having Diploma with 3 years of service of Overmen without Diploma having 5 years of service for promotion as Senior Overmen and (2) Mining Sirdaxs with 10 years of service for promotion as Safety Assistant/Production Assistant/Stowing Incharge etc. is justified ? If not, no relief are the concerned workmen entitled -
(3.) THE concerned workmen in the reference case are the Mining Sirdars and Overmen of the Collieries of M/s. TISCO Ltd. who are also members of Tisco Mining Supervisor Progressive Front, a registered trade union. The case of the Union was that the Central Government constituted a committee for the purpose of collective bargaining between the employers in the Coal Industry and their workmen to look into the matters relating to wages service conditions, benefits and other facilities etc. The Committee was called Joint Bipartite Committee for the Coal Industry, The Said Committee brought about three agreement which were called NCWA -I, II and III. NCWA -III came into force from 1.1.1985 which was enforced till 30.12.1986. Another NCWA -IV came into existence and made effective with effect from 1.1.1987.;