COAL INDIA LIMITED Vs. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) The subject matter of challenge in this application under Art. 226 of the Constitution is an award made by the Central Government Industrial Tribunal. It appears that there was a reference to the said Tribunal on the following question:

(2.) The Tribunal has held that the 10 workmen mentioned in the reference are entitled to be reinstated forth with to their respective posts which they held on the 8th Feb, 1973, with back-wages from that date on the basis of consolidated salary mentioned in the appointment, letters.

(3.) The validity of this award passed by the Tribunal on the 29th July, 1976, has been challenged before me on two main grounds. It was contended, firstly, that the Tribunal was in error in holding; that the workmen concerned were employees in the Coal Mine before the appointed date. On behalf of the petitioner it was contended that in view of the evidence adduced by the workmen themselves, the Tribunal was in error in holding that the workmen concerned were the employees at the relevant date of the Coal Mine. My attention was drawn to the statements in cross-examination of J. L. Tandon in his evidence before the Tribunal. It is true Shri Tandon had admitted that in 1956 no letter of appointment was given as he used to be paid through vouchers and the vouchers were with the management of the colliery and that he was not a member of the Provident Fund. The Tribunal on the examination of the entire evidence on record and specially in view of the non-production of certain documents by the management has come to the conclusion that the workmen concerned were employees of the Coal Mines at the relevant time. Such a finding by the Tribunal in the instant case cannot, in my opinion, be said to be a finding without evidence or based on conjecture or surmises. If that is the position, then in an application under Art. 226 of the Constitution the said finding cannot be challenged.