EMPLOYERS IN RELATION TO THE MANAGEMENT OF BARAKAR ENGINEERING AND FOUNDRY WORKS, NIRSA, DHANBAD Vs. THEIR WORKMAN SHRI RAJENDRA PRASAD
LAWS(JHAR)-2016-6-105
HIGH COURT OF JHARKHAND
Decided on June 23,2016

Employers In Relation To The Management Of Barakar Engineering And Foundry Works, Nirsa, Dhanbad Appellant
VERSUS
Their Workman Shri Rajendra Prasad Respondents

JUDGEMENT

Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the parties.
(2.) The present matter arises out of an award passed in the 2nd Reference made vide notification dated 3rd August, 1999 in respect of the sole respondent workman by the Central Government to the Central Government Industrial Tribunal No.1 being Reference Case No.163/1999. On this occasion the following reference was made:- Whether the action of the management of Barakar Engineering and Foundry Works, Nirsa of M/s. E.C.L. in providing employment to Sri Rajendra Prasad as Cat. I Mazdoor considering his experience of past service and qualification in the light of award in Ref. No.21/89 of CGIT No.3 dated 21.8.91 is proper ? If not, what relief Sri Prasad is entitled to and whether Sri Rajendra Prasad is entitled to wages from the date of award became enforceable ?
(3.) Earlier the Industrial Reference made vide notification dated 9th March, 1989 in respect of the said respondent workman was in the following language:- Whether the action of the management of the Barakar Engineering and Foundry Works, Nirsa, M/s Eastern Coalfields Limited in not allowing Shri Rajendra Prasad, Molding and Flouring gang mazdoor to resume his duty is justified ? If not, to what relief is the workman entitled ? ;


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