PRAMATH PATNAIK,J. - (1.) In the captioned writ application, the petitioner has sought for direction upon the respondents to forthwith release arrears of salary from the date of making reference by the appropriate Government.
(2.) The brief facts, as has been revealed in the writ application, are that Smt. Bina Biswas, who was working as a permanent 'Aya' of Tisra Central Hospital of Bastacolla Area under the BCCL after rendering considerable period of unblemished services due to her ill health requested the Management to relinquish her job. Accordingly, her case was referred before the Medical Board. On the basis of the opinion of the Medical Board, the Management of the BCCL vide letter dated 3.4.1995 informed Smt. Bina Biswas that due to her medical unfitness, her name was deleted from the rolls of the Management. The Bipartite Agreement, which is known as the National Coal Wage Agreement-V, is applicable to the coal industry including BCCL. Clause 9.4.0 of the said Agreement, inter alia, envisages employment to one dependent of a worker, who is permanently disabled in his place. As per the aforesaid terms and conditions of the Agreement, an application was submitted on behalf Ms. Bina Biswas through the Respondent-Union for providing employment to one of her dependent-son and the matter was referred to the learned Tribunal with reference as to whether the action of the 2 Management in not providing employment to the dependent of Smt. Bina Biswas under para 9.4.0 of N.C.W.A. IV is legal and justified? If not, to what relief the dependent of the workman is entitled?
(3.) Thereafter, the learned Tribunal has passed the Award in Reference Case No. 77 of 1998 vide Annexure-2 to the writ application. Since the Award passed by the learned Tribunal was not implemented, the petitioner submitted representations vide Annexure- 3 and 3/1 of the writ application. Thereafter, the respondents authorities issued appointment letter on 31.10.2007 for appointment of the petitioner to the post of General Mazdoor (Trainee). The service of the petitioner thereafter has been regularized on 19.11.2007 on the post of General Mazdoor Category-I. The petitioner has come up with the prayer for release of salary from 10.09.1998 till the date of joining in pursuance to the Award dated 27th February, 2006 i.e., till 31.10.2007. Since the grievance of the petitioner has not been mitigated, left with no alternative and efficacious remedy, the petitioner has been constrained to approach this Court under Article 226 of the Constitution of India for redressal of his grievances.;