- (1.) This appeal under Clause 10 of the Letters Patent by the management challenges the order of the learned Single Judge dated December 3, 2002 passed in W. P. (L) No. 5447 of 2001. That writ petition was filed by the appellant, the management, challenging an award passed by the Central Government Industrial Tribunal No. 1 at Dhanbad on a reference to it of the following questions: "Whether the action of the management of Loyabad Colliery of BCCL, P.O. Bansjora, the services of S / Sh. Uday Nand Jha and 46 other stone cutters (as per list annexed) is justified? If not, to what relief are the concerned workmen entitled?" The award held thus: "The action of the management of Loyabad Colliery of BCCL in not regularising the concerned persons as permanent employees is not justified, consequently, they are entitled to be regularised as permanent employees of the BCCL in Loyabad Colliery and are entitled to the wages as per NCWA without back wages. They are ordered to be regularised within 30 days from the date of publication of the Award failing which they shall be entitled to the wages as per NCWA from the date of publication of this Award."
(2.) The writ petition filed by the management, the appellant was admitted by a learned Single Judge of this Court and on November 14, 2002 the following order was passed: "This application will be heard. Admit. Since all the respondents are being 5 represented by their respective Counsel no further notice need be given to them. List in usual course."
(3.) In this writ petition, the respondent, the workmen, made an interim application invoking Section 17-B of the Industrial Disputes Act claiming relief under that provision. The management-appellant resisted that application by pointing out that the award was not one for reinstatement and hence Section 17-B of the Industrial Disputes Act had no application. The learned single Judge brushed aside that objection on an order of the Supreme Court dated January 6, 1999 passed in petition for Special Leave to Appeal (Civil) No. 8382 of 1998. The learned single Judge directed the management-petitioner to make payment to the workmen in question as per Section 17-B of the Act from the date of the filing of the Writ Petition. The Interlocutory Application filed by the workmen was thus allowed. This order is challenged in this appeal.;