WORKMEN Vs. BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) The correct interpretation of Section 9 of the Coking Coal Mines Nationalisation Act, 1972, (for short, the Act), read along with Section 17 settles the fate of this appeal by special leave. We may start off by narrating a few admitted facts sufficient to bring out the legal controversy which demands resolution.

(2.) The subject-matter of the appeal is an industrial dispute. The management of the New Dharamaband Colliery dismissed 40 workmen in October, 1969, and an industrial dispute sprung up and reference followed in October, 1970. The Industrial Tribunal held an elaborate enquiry into the dispute and made an award on July 1, 1972.

(3.) In the meanwhile, the Colliery was nationalised with effect from May 1, 1972, as provided for in the Act. The New Dharmaband Colliery vested in the Central Government and thereafter in the Bharat Coking Coal Company Ltd. Apparently by order of the Tribunal dated 24th March, 1972, the successor Company namely, the Bharat Coking Coal Ltd. (the respondent) was impleaded as a party. Thus, with the previous owner of the colliery and the nationalised industry, namely, the Bharat Coking Coal Ltd. on record, the Tribunal made the following award: