MANAGING DIRECTOR, MYSURU MINERALS LTD. Vs. NANJUNDAIAH

JUDGEMENT

(1.) The petitioners have field the present writ petitions against the award dated 27.08.2014 Vide Annexure-A made in C.R. Nos. 9,22,24, 25, 28, 29, 30, 31, 32, 34, 35, 36, 37, 38, 39, 40,42,99,101,103,104 of 2007 and CR. Nos. 25, 27, 28 of 2008 on the file of the Central Government Industrial Tribunal-Cum-Labour Court allowing all the 33 references holding that the Management of Mysore Minerals Limited is not justified in terminating the services/premature superannuating/Discharge of services discharge of all of the applicants/workmen and also directed the Management to reinstate them into service/designation that they were holding at the time of impugned termination/discharge from service and to continue their services till they attain the age of superannuation and it also observed that in case of workmen who died before the date of superannuation till the date of their death and pay them 30% of the salary I wages payable to them from the date of their respective references for adjudication with all other consequential benefits that they would have received in the absence of their impugned termination/discharge from service deducting the benefits already given to them and etc.,

(2.) It is the case of the petitioner-Management that the respondents are workmen who worked as mining workers in different units of the petitioner company. The respondents have joined the services of the petitioner company on different dates by giving wrong date of birth and they have not produced any authenticated document in respect of their date of birth and that upon the intervention and recommendation of the Employees Union and also as per rules, the respondents were subjected to medical examination through qualified medical officers. As per the medical report, the respondents who worked as workmen were found to be incapacitated to work in mines due to the age factor and they were unfit medically. In view of the aforesaid reasons, the petitioner-Management took a decision to terminate the services of the respondents after giving an opportunity to prefer an appeal before the appellate authority within 30 days. However the respondents without availing the said opportunity got settled the terminal benefits from the petitioner-Management.

(3.) Thereafter, after lapse of 7 to 9 years, the respondents raised an individual disputes before the Conciliation Officer of the Central Government. After failure of the conciliation proceedings, the Central Government referred the dispute to the Central Government Industrial Tribunal-Cum-Labour Court, Bangalore, for adjudication under the provisions of Clause-(d) of sub-section (1) and sub-section 2(A) of Section-10 of the Industrial Disputes Act, 1947('I.D. Act' for short). The Tribunal permitted both the parties to adduce evidence and marked the documents produced by them in support of their respective cases. The Tribunal after considering the entire material on record directed the petitioner-Management to reinstate the respondents in terms of the impugned Award. Being aggrieved, the petitioner-Management filed the present writ petitions.