BHARAT COKING COAL LTD Vs. PRESIDING OFFICER CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT ASSANSOL

JUDGEMENT

(1.) The petitioner in this proceeding has challenged the order dated 2nd December, 2009 passed by the learned Presiding Officer CGIT, Assansol.

(2.) During the pendency of the writ application the respondent workman has filed an application under Section 17B of the Industrial Disputes Act, 1947. The said application is resisted by the writ petitioner on the ground that the order passed by the learned Presiding Officer is not an award and accordingly the application filed under Section 17B of the Industrial Disputes Act, 1947 is not maintainable. The writ petitioner contends that the order passed by the learned Presiding Officer in disposing of the complaint cases filed by the workman in respect of reference 44/1999 is without jurisdiction.

(3.) The application filed under Section 17B is now under consideration. The applicant/workman was appointed by the Writ Petitioner Company on 24th October, 1990 as underground loader. The said post was subsequently re designated as fitter apprentice. The applicant was transferred from time to time to various workshops and fitter apprentice until 3rd June, 1999. On 6th July, 1997 the applicant/workman raised an industrial dispute through the union demanding regularization as lamp issue clerk. The conciliation proceeding commenced on July 7, 1997 and concluded on June 16, 1998. The conciliation officer had filed a failure report on June 24, 1998. The said dispute was referred to the Central Government Industrial Tribunal, Asansol for adjudication being I.D. Case No.44 of 1999 which is pending since June 7, 1999.