EASTERN COALFIELD LTD Vs. NIRANJAN CHATTERJEE

JUDGEMENT

(1.) The appeal has been preferred along with an application for stay by Eastern Coalfields Limited, a Government Company within the meaning of Companies Act, 1956, (hereinafter referred to as the Coal Company) against an order dated May 2, 2008 passed by the learned single Judge in a writ petition, being W.P. No. 16980(W)/2005, filed by the appellant against Shri Niranjan Chatterjee and others.

(2.) By the order impugned, the learned single Judge was pleased to dismiss the Coal Company's writ petition, which was filed challenging an order dated December 24/29, 1998 of the Government of India, through the Ministry of Labour, referring a dispute for adjudication to the Central Government Industrial Tribunal-cum-Labour Court, Asansol and the award dated December 21, 2004 passed by the said Tribunal in Reference No. 5/1999, consequently.

(3.) The brief facts of the case, culled out from the award dated December 21, 2004, passed by the learned Tribunal, are as follows: Shri Niranjan Chatterjee (hereinafter referred to as, Niranjan) was a permanent employee of the appellant-Coal Company, being posted at Kumardih 'A' Colliery, in the capacity of a clerk. As per entry in the service book, his date of birth was April 8, 1942 and he was to attain the age of superannuation on April 8, 2002. Niranjan applied under the provision of National Coal Wage Agreement-IV (hereinafter referred to as the NCWA) for assessment of his physical fitness, which was assessed by the competent medical authority on February 20, 1994, whereinafter he was declared medically unfit by the said authority on March 7, 1994 and his duty was stopped by the management of the Coal Company with effect from March 8, 1994.