THE GENERAL SECRETARY, COAL WASHERIES WORKERS UNION DHANBAD Vs. EMPLOYERS IN RELATION TO THE MANAGEMENT OF DUGDA WASHERY OF M/S BCCL

JUDGEMENT

(1.) The short question to be considered in this appeal in terms of order dated 27th August 2012 passed by this Court while issuing notice to the respondent -Management is: the quantum of the lump sum amount which needs to be paid to the workmen concerned in lieu of reinstatement.

(2.) Briefly stated, the appellant raised an industrial dispute which was referred to the Central Government Industrial Tribunal at Dhanbad, for adjudication, as under: -

(3.) The Industrial Tribunal vide award dated 17 th June 1997, answered the reference in favour of the appellant and directed the Management to reinstate and regularize the concerned 35 workmen w.e.f. 1st July 1990, with payment of 30% full back wages within two months from the date of publication of the award in the Official Gazette of India. The respondent -Management challenged the said award by way of Writ Petition being Civil Writ Jurisdiction Case No.3443/1997(R). The learned Single Judge of the High Court of Jharkhand at Ranchi, vide final judgment dated 6 th May 2003, dismissed that Writ Petition and affirmed the view taken by the Tribunal. The respondent carried the matter in appeal by way of Letters Patent Appeal No.422/2004 before the Division Bench. The Division Bench vide judgment dated 5 th January 2012, did not doubt the correctness of the findings of the Industrial Tribunal or the learned Single Judge on the factum of 35 persons to be treated as workmen of the respondent. It, however, accepted the plea of the respondent that after a lapse of more than 20 years from stoppage of work of the subject workmen, an order of reinstatement will be inequitable and must be eschewed. The Division Bench, therefore, modified the award in the following terms: