- (1.) Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the O.P.no.2.
(2.) This application has been filed for setting aside the order taking cognizance dated 04.01.2001 passed by Chief Judicial Magistrate, Dhanbad in connection with I.D.Case NO.4/2001 for the offence under Section 29 of the Industrial Disputes Act for non-implementation of the award dated 14.03.1991 passed in Reference Case no.14/1989.
(3.) Counsel for the petitioners has submitted that Jagdish Bhuiya, Trammer of Gondudih colliery was made to superannuate on 03.03.1987. The Trade Union raised industrial dispute against the management and the dispute was referred to the Central Government Industrial Tribunal NO.1, Dhanbad for adjudication which was registered as Ref. Case no.14/1989. In the said Reference case both the parties settled their disputes and arrived at some settlement which are on the following terms:- "a) That the concerned workman Sri Jagdish Bhuia, Trammer will be referred to Apex Medical Board of the Management for assessment of his age. The age assessed by the Apex Medical Board will be accepted by the concerned workman, the Union and the Management without any challenge for the purpose of his superannuation. b) That the concerned workman will be reinstated on his job if he will be found less than 60 years of age. In case, it will be found that he had completed 60 years of age on the date of his superannuation, he will not be entitled to any relief. c) That in case the age is assessed to be less than 60 years of age on the date of his superannuation, the concerned workman will be paid 50% (fifty per cent) of his back wages form the date of his superannuation till he attained 60 years of age or till the date of the resumption of his duty as the case may be. d) That the concerned workman will report to the Management within three months from the date of the settlement for referring him to the Apex Medical Board.";