- (1.) Heard counsel for the parties.
(2.) This appeal is directed against the Judgment dated 14.11.2008 passed by the Learned Single Judge in W.P.(S) No. 1958/2003 by the aggrieved writ petitioner. The writ petitioner / appellant herein was one of the 51 workmen in respect of whom reference was made for adjudication before the Central Government Industrial Tribunal No. I, Dhanbad by the Ministry of Labour, Central Government in the following terms. "Whether the demand of Dhanbad Colliery Karamchari Sangh- Kamla Shankar Dubey and 51 Ors. workmen working with Sanjeev Hard Coke Manufacturing Company, Sudamdih in the district of Dhanbad be regularized in the service of M/s B.C.C.L. w.e.f. 20.09.1983 is justified? If so, to what relief these workmen are entitled?" The Learned Tribunal by Award dated 23.01.2001 (Annexure-1) held as under:- "Therefore, I find that they were the genuine workmen of Sanjeev Hard Coke Manufacturing Plant and therefore they are entitled for retrenchment benefit from the management of said Hard Coke Manufacturing Plant. 10. In the result, I render - Award - That the concerned workmen, Kamla Shankar Dubey and 51 others are not entitled for regularisation in the roll of M/s B.C.C.L. Ltd. They are only entitled to retrenchment compensation under Sec. 25FFF of the Industrial Disputes Act from the management of said Sanjeev Hard Coke Manufacturing Company and re-employment in case the said Hard Coke Manufacturing Company is re-opened."
(3.) Out of the 51 workmen who were covered by the Award, only the writ petitioner assailed it on the ground that M/s BCCL was in possession of the said company on 20.12.1982 on which date it was in running condition. However, the Learned Tribunal had wrongly decided that M/s BCCL took the possession of the said Company on 20.09.1983 on which date Company was closed. The crux of the petitioner's case is that if on the date of taking over the possession of the Company by M/s BCCL it was in running condition, then the workmen was entitled to be regularized in the service of M/s BCCL.;