EMPLOYERS IN RELATION TO THE MANAGEMENT OF KUSUNDA COLLIERY OF M/S G BCCL, DHANBAD (IN 3458) LALMANI BIND (IN 6976) Vs. THEIR WORKMEN BEING REPRESENTED BY THE GENERAL SECRETARY, DHANBAD JJ CD COLLIERY KARAMCHARI SANGH

JUDGEMENT

(1.) In W.P.(L) No. 3458 of 2003 the Petitioner has challenged the award rendered by the Central Government Industrial Tribunal No. 1, Dhanbad whereby the Tribunal has held that the action of the management of M/s B.C.C. Limited Kusunda Area No. VI in relation to Kusunda colliery in dismissing the concerned workman Lalmani Bind, Clerk Grade-1 w.e.f. 18/19.3.1993 is not justified. The Tribunal has further directed the management to reinstate the concerned workman with continuity of service and 50% back wages.

(2.) The management-writ Petitioner has confined this writ petition for challenging the part of the award giving 50% of back wages.

(3.) Mr. Mehta, learned Counsel appearing on behalf of the Petitioner submitted that since the concerned workman has not brought any evidence on record to prove that he was not gainfully employed, learned Tribunal should not have reinstated the workman with 50% back wages. Learned Counsel submitted that onus is on the workman to prove that he was not gainfully employed but he failed to discharge the said onus. He relied on a decision of the Supreme Court in Talwara Cooperative Credit and Service Society Limited (reported in , (2008) 9 SCC 486.