CENTRAL COALFIELDS LTD Vs. PRESIDING OFFICER

JUDGEMENT

(1.) This writ application is directed against an order dated 22-M991 passed by respondent no 1 in Case no. M. J. 1/1986 as contained in Annexure-4 to the writ application whereby and whereunder he allowed an application filed by respondent no. 2 on purported to be under Section 33-C (2) of the Industrial Dispute Act, 1947 directing the petitioners to pay a sum of Rs. 1,53,287/- within a period of 60 days from the date of the said order.

(2.) The fact of the matter is not at all in dispute.

(3.) Respondent no. 2 joined services as Routine Clerk in the Department of F. A & CAB, East India Railway under the Railway Board. In 1956, his services were transferred to NCDC Ltd. (since known as Central Coalfields Ltd.). On the basis of some complaint received as against respondent no. 2 by NCDC Ltd., the matter was referred to the Central Bureau of Investigation and a charge-sheet was issued as against him. Thereafter, by an order dated 4/5-1-1972, respondent no. 2 was compulsorily retired. The said respondent filed an application under Section (2) of the Bihar Shops & Establishment Act, 1955 before respondent no. 1 and by an order dated 20th January, 1979 the said application was allowed : as a result whereof, the order compulsory retirement passed as against respondent no. 2 was set aside and he was held to be entitled to the back wages also till the attainment of the age of superannuation less what he had received as pension. The said order dated 20th January, 1979 is contained in Annexure-1.