EASTERN MANGANESE AND MINERAL Vs. INDUSTRIAL TRIBUNAL (CENTRAL

JUDGEMENT

(1.) This is an application under Articles 226 and 227 of the Constitution of India for quashing an award of the Industrial Tribunal (Central), Dhanhad, dated 28 March 1987 (annexure D) directing the retransfer of the two workman to mion mines of the petitioners with consequential reliefs.

(2.) The grievance of the employer -petitioners is that the tribunal committeed an error of law apparent on the face of the record in not making an award in terms of the settlement arrived at between the employer petitioners and the Abrakh Mastur Union through its general secretary Haris Chandra Misra, dated 20 February 1968, in respect of the concerned workmen B.D. Bansal and Jagarnath Singh (opposite parties 2 and 8). The petitioners are carrying on the business of extraction of mica from mines and processing is in factories of their sister -concern which are under the same management. A large number of workmen are employed by them in their bunsiness. Jiwat Singh, darwan, was transferred by the management from Domchanon mion mines to Sibsagar factory, B.D. Bansal, checker, frin Bholwaria No. 12 Mica Mines to Sibnagar factory and Jagarnath Singh pump khalasi, from Kukurkolwa mica since to sibnagar workshop on 28 and 27 October and 4 December 1968, respectively. Accordingly to the case of the petitioners, the employers under their service conditions could be transferred form mines be factories and vice versa and an such the tree workmen joined their new assigament without andy pretest. The Abrakh Mazdur Union through its general secretary, Haris Chandra Misra took up the cause of the aforesaid three workmen and raised as industrial dipute by asserting that they could not be transferred from the mines to he factories and demanded their retransfer to their original posts. Thereafter an attempt to settle the matter through consoiliation proceedings failed, and hence the Central Government under Section 10(1)(d) of the Industrial Tribunal Disputes Act (hereinafter referred to as the Act), 1947, made a reference to the Industrial Tribunal (Central), Dhanbad, in respect of the matter specified in the schedule annexed to the order of reference, which read as follws: Schedule:

(3.) The tribunal registered the reference as Reference No. 107 of 1965 and issued notices to the management and the union to file written statement but neither of them filed any written statement. While the matter was ponding before the tribunal, at the intervention of the Assistant Labour Commissioner, Hazaribagh, the management and the union settled the matter and a memorandum(annexure b) of settlement was drawn up on 22 February 1966, and signed by the general manager of the management and Haris Chandra Misra, general secretary of the Akrakh Mazdur Union and the Assistants Labour Commissioner was filed before the tribunal on 26 on February 1966, by Girdhar Gopal with a prayer that the award be made in terms of the settlement between the parties. The following were the terms of settlement: