- (1.) Heard counsel for the parties.
(2.) Being aggrieved with the notice dated 29 th January 2010 issued by the respondent no.2 - Assistant Labour Commissioner (C), Dhanbad threatening to launch prosecution under Section 29 of the Industrial Disputes Act, 1947 for non -implementation of the award dated 11th April, 2003 passed by the Central Government Industrial Tribunal No.1, Dhanbad in Reference No.139/1991, the petitioner management has approached this Court.
(3.) The reference dated 9th December 1991 made by the Ministry of Labour, Central Government under Section 10(1)(d) and Sub - Section (2A) of the Industrial Disputes Act in the following language has been answered in favour of the management by the Central Government Industrial Tribunal No.1, Dhanbad by award dated 11th April, 2003. "Whether the action of the management of Ghanoodih Colliery of M/s Bharat Coking Coal Ltd. in denying employment to the dependent of Shri S.P. Roy, Sr. Overman, who retired on 28.9.83, on the basis of circular no.BCCL/PA -II/5 - 11/5/2/128/77/31457 -618 dated 22.6.1977 and para 9.4.4 of NCWA -III is justified ? If not, to what relief is the workman entitled - It has held as under : - "The action of the management of Ghangodih Colliery of M/s. BCCL in denying employment to the dependent of the concerned Workman, S.P. Roy, Sr. Overman, on the basis of circular dated 22.6.1977 of BCCL and para 9.4.4 of NCWA -III is justified. However, the management in the facts and circumstances of the case would be required to act in accordance with the observation as made above, within a reasonable period from the date of publication of the award." ;