AMARESHWAR SAHAY, J. - (1.) THE Central Government Industrial Tribunal No. 1, Dhanbad, by a common award dated 16th January, 1992, disposed of two reference cases, i.e. Reference Case No. 32/1989 and Reference Case No. 35/1989. The Reference Case No. 32/1989 arose out of the dispute referred by the Central Government Under Sec.10(1 )(d) of the Industrial Dispute Act, 1947, whereby the following dispute was referred to the Central Government Industrial Tribunal for adjudication: Whether the Action of the Management of Sudamdih Colliery of M/s BCCL in denying employment to Shri Karma Rout and 21 others with effect from 9th July, 1977, is justified? If not, to what relief the concerned workmen are entitled?
(2.) THE Reference Case No. 35/1989 arose out of the dispute referred to the Central Government industrial Tribunal No. 1. Dhanbad under Sec.10(10(d) of the Industrial Dispute Act 1947, whereby the following dispute was referred for adjudication: Whether the action of the management of Sudamdih Area of M/s BCCL in denying employment to Sh. Bhagwat Singh and 3 others, viz. Shri Sapan, Karan Sahi and Shanti Thakur, who were engaged as sump clearing mazdoors is justified? If not, to what reliefs are the workmen entitled? The Central Government Industrial Tribunal by the aforesaid award directed the Management to reinstate the workmen with 75 per cent of the back wages and passed the following direction in Reference Case No. 32/1989. The operative part of the Order is quoted hereinbelow: The action of the management of Sudamdih Colliery of M/s BCCL in denying employment to Shri Karma Rout and 21 others, as mentioned above, with effect from 9th July, 1977, is not justified. The Management is directed to reinstate them in service within one month from the date of publication of the awards and to pay them wages as per N.C.W.A. and 75 per cent of back wages from the date of reference (16th March, 1989) till they are allowed to resume duty.
(3.) BY the said award the following direction was made by the Central Government Industrial Tribunal in Reference Case No. 35/1989: The action of the Management of Sudamdih Area of N/s BCCL in denying employment to S/Shri Sapan Banerjee, karan Sahi and Shanti Thakur is not justified. The management is directed to reinstate them in service within one month from the date of publication of the award and to pay them wages as per N.C.W.A. and 75 per cent of back wages from the date of reference (20th March, 1989) till they are allowed to resume their duties. The workmen were directed to report for duties within one month from the date of publication of the award.;