EMPLOYERS IN RELATION TO THE MANAGEMENT OF BHAGABAND COLLIERY OF M/S. BHARAT COKING COAL LTD Vs. PRESIDING OFFICER
LAWS(JHAR)-2013-8-3
HIGH COURT OF JHARKHAND
Decided on August 01,2013

Employers In Relation To The Management Of Bhagaband Colliery Of M/S. Bharat Coking Coal Ltd Appellant
VERSUS
PRESIDING OFFICER Respondents

JUDGEMENT

- (1.) Heard learned counsel for the parties.
(2.) In CWJC No. 1140 of 1994(P) the Award Dated 14.08.1992 rendered in Reference Case No. 110 of 1990 by the Central Government Industrial Tribunal No. 1, Dhanbad is under challenge by the writ petitioner-Management. The dispute raised by the workmen was referred by the Central Government vide Notification dated 08/09.05.1990 under Section 10 (1)(b) and Sub Section 2 (a) of the I.D. Act. 1947 in the following terms:- "Whether Shri Jogeshwar Singh and 51 other workmen as per list annexed have actually worked during 1983 to 1986 in the various jobs of which contract was given to Sri Jogeshwar Singh, Contractor, Dhanbad. If so, whether the management of Bhagaband Colliery under Putkee Balihari Area of M/s Bharat Coking Coal Ltd. is justified is not regularizing/departmentalizing these workmen as miner/loader ? If not, what relief these workmen are entitled ?"
(3.) In the CWJC No. 3109 of 1998(R), the same writ petitioner-Management has challenged the order dated 07.09.1998 passed by the Central Government Industrial Tribunal No. 2, Dhanbad in the Miscellaneous Case No. 01 of 1998. The said miscellaneous case was instituted for the purposes for identifying 52 workmen covered under the Award dated 14.08.1992 rendered in Reference Case No. 110 of 1990. The matter had been referred to the Industrial Tribunal vide order dated 20.04.1998 passed by learned Single Judge of this Court in first writ petition i.e. CWJC No. 1140 of 1994(P) for the purposes of payment of last drawn wages under Section 17 (B) of the Industrial Disputes Act to the affected workmen. In the Miscellaneous Case out of 52 persons 41 finally appeared and amongst them only 36 workmen were identified as beneficiaries of the Award dated 14.08.1992 in Reference Case No. 110 of 1990.;


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