MATHURA PASWAN Vs. BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) Learned counsel appearing for the petitioner submitted that the respondents have not paid due salary of the deceased father of the present petitioner for the period from 1st May, 1972 to 6th September, 1997. It is also submitted by learned counsel for the petitioner that initially a reference was preferred under Section 10 of the Industrial Disputes Act, 1948, which was decided in favour of the father of the present petitioner, against which, C.W.J.C. No. 1529 of 1999(R) was preferred before this Court by the present petitioner, which was allowed in favour of the petitioner by this Court and against that order a Letters Patent Appeal bearing L.P.A No. 246 of 2001 was preferred by the management, which was dismissed, thereafter, contempt petition was preferred by the petitioner, that petition was decided in favour of the present petitioner and now the present petitioner has already preferred an application bearing LC. Case No. 6 of 2006 under sub-Section 2 of Section 33- C of the Industrial Disputes Act, 1948 before Central Government Labour Court, Dhanbad. It is further submitted by learned counsel for the petitioner that this application is preferred for the very same period, for which, the petitioner is seeking salary in this writ petition.

(2.) In view of the aforesaid submission and looking to the fact that the petitioner has already availed alternative efficacious remedy under sub-Section 2 of Section 33-C of the Industrial Disputes Act, 1948, I hereby direct the Central Government Labour Court, Dhanbad to hear and dispose of the L.C. Case No. 6 of 2006, preferred by the present petitioner, as expeditiously as possible and practicable, preferably on or before 30th August, 2010.

(3.) Learned counsels for both the sides have assured that they shall co- operate with the hearing and shall not ask for unnecessary adjournment.