THE SOUTH PARASEA COLLIERIES (PVT.) LTD. Vs. THE CENTRAL GOVT. INDUSTRIAL TRIBUNAL NO. 2 AT CALCUTTA AND OTHERS

JUDGEMENT

(1.) By an order of Reference dated the 10th May, 1966 the Government of India in the Ministry of Labour, Employment and Rehabilitation, (Department of Labour and Employment) referred to Central Government Industrial Tribunal No. 2. the respondent No. 1 herein, the following dispute for adjudication:-

(2.) In the Written Statement filed by the petitioner Company before the Tribunal, the Company took the point that Biswanath Prosad the respondent No. 5 was an employee of a Contractor of the name of Chandrika Prasad and was not a workman of the petitioner Company.

(3.) By its Award dated the 6th Feb., 1967 the respondent No. 1 held that the stoppage of work of Biswanath Prosad by the management of South Parasea Colliery with effect from the 11th Jan. 1966 was not justified and the respondent Prosad was entitled to the reinstatement. The petitioner Company was directed to reinstate Biswanath Prosad within one month after the publication of the Award. The petitioner Company was further directed to pay to the respondent Biswanath Prosad half the rate of pay which he was drawing immediately before his discharge from the 11th Jan., 1966 until the date of his reinstatement.