BHARAT COKING COALLTD Vs. EMPLOYERS IN RELATION TO THE …

JUDGEMENT

(1.) C.W.J.C. 1304 of 1972 is filed for quashing the award annexure 3 passed by the Presiding Officer, Central Government, Industrial Tribunal (No. 1), Dhanbad (respondent No. 2) dated 5. 9. 1972 passed in Reference case No. 3 of 1971, whereby he ordered that the action of the Management of new Dharmaband colliery in dismissing 40 workmen mentioned in schedule of the reference order with effect from 18. 10. 1969 is not justified and that they should be reinstated with continuity in service by the petitioner who is liable to pay their wages and other emoluments with effect from 1.5.1972. the appointed day under the Coking Coal Mines Nationalisation Act, 1972 (Act 36 of 1972) including the wages due from 18. 10. 1969 to 30. 4. 1972 for which the previous Management and the petitioner are jointly liable. Whereas C.W.J.C. 1314 of 1972 is filed for quashing the award (annexure 3) passed by the Presiding Officer, Central Government Industrial Tribunal (Mo. 1), Dhanbad (respondent No. 2) dated the 1st July, 1972 whereby he directed payment of arrears of variable dearness allowance payable to the workmen concerned for the period from 1. 10. 1967 to 31. 8. 1970 and again from t. 10, 1970 to 16. 10. 1971 as the petitioner is the successor of the previous management who was liable to pay the same to the workmen. These two writ applications were ordered to be heard together and as such they were taken up for hearing together.

(2.) The petitioner before this Court is the same in both the cases. The admitted came in both the cases are as follows:

(3.) I shall state first the facts of C.W.J.C. 1314 of 1972. The relevant facts as stated in the writ petition are as follows: