HIND SHIPPERS (PRIVATE LTD Vs. CENTRAL GOVERNMENT INDUSTRIAL

JUDGEMENT

(1.) In these two applications under Articles 226 and 227 of the Constitution of India, Hind Shippers (Private), Ltd., the petitioners in Civil Writ Jurisdiction Case No. 221 of 1966 and Jogta Coal Company, Ltd. [wrongly mentioned as Jogta Coal Company (Private), Ltd., in the application], the petitioners in Civil Writ Jurisdiction Case No. 226 of 1966, have obtained a rule nisi calllng upon the respondents to show cause why the award dated 24 January 1966, made by the presiding officer, Central Government Industrial Tribunal, Dhanbad. be not quashed. In Civil Writ Jurisdiction Case No. 221 of 1966 cause has been shown by opposite party, respondent 2 (c), namely, Mines Mazdoor Union, Dhanbad on behalf of the workmen and the general secretary of the said union has filed an affidavit in support of the show cause. In Civil Writ Jurisdiction Case No. 226 of 1966 cause has been shown by opposite party -respondent 2, the workmen of Jogta Colliery represented by the Colliery Mazdoor Sangh, Dhanbad, and the secretary of the said sangh, has filled an affidavit In support of the show -cause.

(2.) The Government of India, Ministry of Labour and Employment, by their order, dated 9 December 1963, referred for adjudication under Section 10(1)(d) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act), the alleged industrial dispute existing between the employers in relation to the Jogta Colliery of Jogta Coal Company, Ltd., and their workmen in respect of the matters specified in the schedule attached to the said order of reference, which schedule reads as under: Whether the closure of the Jogta Colliery by Jogta Goal Company, Ltd., with effect from 4 August 1963, was on account of unavoidable circumstances beyond the control of the employers ? If not, to what relief are the workmen entitled ? The Tribunal has held that the closure of the Jogta Colliery was not on account of unavoidable circumstances beyond the control of the employers as alleged by them and, therefore, the proviso to Section 25FFF of the Act did not apply to the instant case, bat Section 25F of the Act applied and as such the concerned workmen were entitled to fall retrenchment compensation under Section 25F of the Act from both Hind Shippers (Private), Ltd., the petitioners in Civil Writ Jurisdiction case No. 221 of 1966 and Jogta Coal Company, Ltd., the petitioners in Civil Writ Jurisdiction Case No. 228 of 1966. It has farther observed that the primary liability for payment was of Hind Shippers (Private), Ltd., because they were lessees in possession and managing control of the colliery at the material time, viz., at the time when the colliery was closed.

(3.) As common questions of law and facts arise in both these applications and they are both directed against the same award, they have been heard together and this Judgment will govern both of them.