SOUTH EASTERN COALFIELDS LIMITED Vs. SAHAL RAM

JUDGEMENT

(1.) In this batch of writ petitions preferred by the Management of South Eastern Coal Fields Limited (for short "the SECL") under Article 227 of the Constitution of India, the seminal issue arising for consideration is whether in the given facts situation, the respondent workmen have rightly been held by the Central Government Industrial Tribunal (for short "the CGIT") to be entitled for re-employment under Section 25H of the Industrial Disputes Act, 1947 (for short "the ID Act")

(2.) The workmen raised industrial dispute which was referred for adjudication to the CGIT. The reference reads as under :

(3.) It was claimed by the workmen that they were employed as casual labourers by the management of SECL at their Bhatgaon Colliery during the period 1982 to 1987. Their services were terminated in violation of Section 25F of the ID Act, which amounted to unfair labour practice and the retrenchment was illegal. Neither any retrenchment compensation was paid nor certificate of retrenchment was issued to them. The management did not prepare any seniority list of retrenched persons so that the retrenched workmen could be reemployed. Although the management required and in fact, engaged new hands from time to time after the year 1987, they were never offered employment. They categorically stated that junior labourers namely Vishwanath, Anirudh, Kuleshwar, Jeetram etc., all unskilled labourers were given employment by the management of SECL ignoring the seniority of the workmen on the principle of 'last come first go' .