EMPLOYEERS IN RELATION TO THE MANAGEMENT OF BIJURI SUB AREA SOUTH ESTERN COALFIELDS LTD Vs. GENERAL SECRETARY M P KOYLA MAZDOOR SABHA

JUDGEMENT

(1.) The petitioner assails the award dated April 2, 1992 passed by the Industrial Tribunal-Cum- Labour Court, Jabalpur in the present petition.

(2.) The question referred to the Industrial Tribunal-cum-Labour Court has been answered against the petitioner and it has been directed that the concerned workmen of the respondent Association are entitled to claim status of direct workmen of the petitioners, to be regularized and consequently reinstated with all other benefits arising out of the reinstatement except back wages. It has also been directed that difference of wages for the period of May, 1985 to January, 1987 in accordance with the National Coal Wage Agreement-III (hereinafter referred to as "NCWA-III") be paid to the respondents.

(3.) Before I delve into the factual and legal aspect of the case, it is apposite to mention that this Court vide interim order dated October 13, 1992 had stayed the operation of the award subject to the condition that the petitioner either reinstates the concerned workmen or pays them wages in lieu thereof in terms of Section 17-B of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act")- It had also been ordered that part of the award which directs payment of difference of back wages shall not remain stayed. It is informed by the learned counsels appearing for the parties that pursuant to the interim order passed by this Court the petitioner has reinstated the concerned workmen with a clear and specific condition that the reinstatement would be subject to the decision of the present petition.