RASHTRIYA COLLIERY MAZDOOR SANGH, DHANBAD Vs. EMPLOYERS IN RELATION TO MANAGEMENT OF KENDUADIH COLLIERY OF M/S BCCL & ORS

JUDGEMENT

(1.) Leave granted.

(2.) The dispute in the present case relates to eighty eight workmen who had worked as 'Tyndals' at the Kenduadih Colliery (of the first respondent). On 14 May 1993 a Reference was made to the Industrial Tribunal by the appropriate government under Section 10(1)(d) of the Industrial Disputes Act, 1947, of the following dispute :

(3.) The first respondent filed a writ petition before the Jharkhand High Court to challenge the Award (CWJC 1655 of 1997). On 18 May 2004 a learned Single Judge of the Jharkhand High Court modified the Award of the Industrial Tribunal and directed that as and when the management intends to employ regular workmen, it shall grant preference to the workmen governed by the Award if they are otherwise suitable by relaxing the requirements of age and academic qualifications. This order of the High Court attained finality.