S.J.MUKHOPADHAYA, J. - (1.) The Workman Dip Lal Singh, Watchman of Bararee Coke Plant was in the services of Bararee Coke Co. Ltd. His services were terminated by a Notice dated October 12, 1971 w.e.f. -October 19, 1971. The dispute was raised by the workman after about nine years of termination and after about ten years, the Central Government referred the following dispute under Section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as the "I.D. Act, 1947") to the Central Government, Industrial Tribunal No. II (hereinafter referred to as the Tribunal). "Whether the action of the management of Bararee Coke Plant of Bharat Coking Coal Limited, Post Office Kusunda, District Dhanbad in terminating the services of Shri Dip Lai Singh, Watchman with effect from October 19, 1971 vide Managements notice dated October 12, 1971 is justified? If not, to what relief is the workman concerned entitled? In the Reference Case No. 13 of 1982, though Bharat Coking Coal Ltd. (hereinafter referred to as BCCL) was made a party, Bararee Coke Co. Ltd. was not impleaded as a party. BCCL raised the question of maintainability of reference in absence of the original employer i.e., Bararee Coke Co. Ltd. which terminated the services of the workman Dip Lai Singh." The Tribunal passed the award on January 12, 1983 and answered the reference in favour of the Workman holding the order of termination as illegal. The Tribunal also directed reinstatement of Workman Dip Lal Singh with back wages w. e.f. May 1, 1972, the date from which Coking Coal Mines were placed under BCCL on its nationalisation under the Coking Coal Mines (Nationalisation) Act, 1972. The appellant-Employer in relation to Bararee Coke Plant of BCCL Dhanbad challenged the award before the Ranchi Bench of Patna High Court (this Court) in CWJC No. 686 of 1983(R). A single Bench of this Court vide its judgment dated July 18, 1989 held that the reference was invalid and the Tribunal could not have held the order terminating the employment of the concerned Workman to be invalid in the absence of the erstwhile employer who had terminated such employment. The writ petition was allowed and the award dated January 12, 1983 passed by the Presiding Officer, Central Government. Industrial Tribunal, Dhanbad No. II in Reference Case No. 13 of 1982 was quashed.
(2.) The Workman represented by Rashlnya Colliery Mazdoor Sangh, Dhanbad challenged the aforesaid judgment dated July 18, 1989 passed by learned single Judge in CWJC No. 686 of 1983(R) before the Division Bench in LPA No. 96 of 1989(R). A Division Bench of this Court vide its judgment dated September 21, 1998 held that Bararee Coke Co. Ltd. could not have terminated the services of the Workman w. e.f. October 19, 1979 in its own right because it was divested of all its rights and powers of Management in relation to the Coking Coal Mines after enforcement of the Coking Coal Mines (Emergency Provisions) Act, 1971 (Act No.64 of 1971). In view of the aforesaid finding, the Division Bench further held that the Bararee Coking Co. Ltd. was not a necessary party to the Reference. The case was remanded to the single Bench for a decision of the writ petition in accordance with law.
(3.) After the remand, the case was heard by a learned single Judge who by its judgment dated October 7, 1999 upheld the award passed by the Tribunal so far as it relates to termination of services of the concerned workman. However, the learned single Judge held that, in no case, the workman was entitled to back wages and other emoluments w. e.f. May 1, 1972, he having raised the dispute after more than nine years. The learned single Judge further held that the workman, at best, would be entitled to back wages w. e.f. the date of award. The award of the Tribunal was modified to the extent that besides reinstatement, the workman was held to be entitled for back wages w. e.f. the date of award and with such modification, the writ petition, C.W.J.C. No. 686 of 1983(R) was allowed in part.;