EASTERN COALDFIELDS LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is made by the Eastern Coalfields Limited, a subsidiary of the Coal India Ltd., challenging an award passed by the Presiding Officer, Central Government Industrial Tribunal- cum-Labour Court No. 3, Dhanbad, under Reference No. 64 of 1980 being dated 21/03/1983. The issue before such Tribunal was as follows:

(2.) The Tribunal finally held on the strength of the evidence as well as argument that refusal of employment to the workmen by the management is fully unjustified and illegal and, therefore, the concerned workmen are entitled to be absorbed permanently under the present management. The date of the award, i.e., 21/03/1983, is treated as a date of absorption with full back wages. The petitioner invoked the Calcutta High Court writ jurisdiction challenging such award passed by the Industrial Tribunal, Dhanbad in Bihar. The moot point of such challenge is that both the reference and the award are without jurisdiction. There is no employer and employee relationship in between the petitioner and the workmen thereunder. No industrial dispute available under the Act, which could have been referred to the Tribunal for adjudication. There is a delay in raising the purported industrial dispute in 1979 while the lock out was caused in the year, 1986. Non-implementation of any settlement on 13/11/1967, cannot be called as an industrial dispute. If any one is guilty he can be punished under Section 29 or under Section 33(1) of the Industrial Disputes Act, 1947, or both of them. The dispute is mala fide. The finding is perverse. The decision is unwarranted. The award is made in violation of the Coal Mines (Nationalisation) Act, 1973. The award of back wages is in violation of Section 7 of the aforesaid Act. The award is the outcome of non-application of mind and arbitrary.

(3.) Immediately after moving this writ, petition, a rule was issued and interim orders were passed on 21/11/1983. By such interim orders operation of the award was stayed and the respondents were injuncted from acting upon such award. Thereafter, on. numerous occasions the matter appeared before different Benches of the Court. Ultimately, the matter was placed under the heading of "old matters" and thereafter as "old adjourned matters" of this Court.