COLLIERY MAZDOOR SABHA Vs. MANAGER RAMNAGAR COLLIERY

JUDGEMENT

(1.) This writ petition has been made by the Colliery Mazdoor Sabha making the Manager of the concerned Colliery and Central Government Industrial Tribunal as party respondents. Although the order of reference which has been raised by the Government of India is questioned, but such Government was not party respondent herein. The writ petition has been supported by an affidavit filed by the President of the Union as he was acquainted with the facts as derived from the record and competent to swear such affidavit.

(2.) By making this writ petition, in effect, the petitioner wanted to establish that the workmen are entitled to get lesser punishment than the order of dismissal which has been passed in the facts and circumstances of this case. Therefore, the punishment which has been affirmed by the Tribunal in the award is disproportionate. Accordingly, the Writ Court can direct the Tribunal to review the facts and circumstances of this case.

(3.) According to the learned Counsel appearing for the petitioner, dispute under the reference should have been disposed of within the time specified under the order of reference as per section 10(2A) of the Industrial Disputes Act, 1947. Therefore, the extraordinary delay in passing the award caused a tremendous suffering to the workmen which tantamounts to receiving the punishment before the finalisation. Therefore, they are entitled to sympathetic consideration from this Court to the extent of referring the matter back to the Industrial Tribunal to review the quantum of punishment.