MANAGEMENT OF NEW JAMEHARI KHAS COLLIERY Vs. CHAIRMAN CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) This application has been presented by the Management of the New Jamehari Khas Colliery for setting aside the decision of the Central Government Industrial Tribunal, Dhanbad, dated 11th of October, 1958, passed in Bonus Appeal No. 3 of 1958, affirming the decision of the Regional Labour Commissioner, dated 31st of March, 1958 holding the strike launched by the workmen of the Colliery from 16th of September, 1957 to 23rd of September, 1957 to be legal for the purposes of the Coal Mines Bonus Scheme, 1948.

(2.) The short facts are these; There was an award of the All India Industrial Tribunal (Colliery , Disputes), commonly known, as the "Mazumdar Award", dated 26th of May, 1956. There was an appeal against that award, and the Labour Appellate Tribunal by its decision dated 29th of January, 1957 modified that award in several respects. Against the decision of the Labour Appellate Tribunal, however, the employers of the collieries, represented by the Indian Mining Association, made an application in the Supreme Court of India under Article 136(1) of the Constitution for special leave to appeal, and also applied for the stay of the implementation of the decision of the Labour Appellate Tribunal pending disposal of that application. The Supreme Court, by its order, dated 11th of March, 1957, stayed the implementation of the decision of the Labour Appellate tribunal pending the hearing and final disposal of the application for stay.

(3.) Thereafter, there was a tripartite discussion held in New Delhi on 25th and 26th of June, 1957 between the representatives of the Government, the employers and the labour, and an agreement was reached according to which the selling price of coal was further increased by Rs. 1/8/0 per ton to cover the increased wages, and the employers agreed to pay the increased rates and wages and emoulments as decided by the labour Appellate Tribunal. It was further agreed that the appeal before the Supreme Court would be withdrawn by the Indian Mining Association. Most of the employers of the different collieries started, thereafter, paying the enhanced wages and other benefits as fixed under the decision of the Labour Appellate Tribunal, but some of the employers, including the petitioner, failed to implement the decision of the Labour Appellate Tribunal. In spite of the agreement reached at New Delhi, as aforesaid, the appeal filed by the employers before the Supreme Court was not withdrawn.