LAWS(JHAR)-2001-6-50

MD ISMAIL MIAN Vs. UNION OF INDIA

Decided On June 08, 2001
MD ISMAIL MIAN Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) In all the cases, as common question is involved and similar orders are under challenge, they were heard together and are being disposed of by this common Judgment.

(2.) The petitioners Md. Ismail Mian (of CWJC No. 200/99); Sri Mianjan Mian (of CWJC NO. 324 of 1999); Md. Manir Mian (of CWJC No. 201 of 1999); Md. Sahebjan Mian (of CWJC No. 225 of 1999); Sri Jalil Mian (of CWJC No. 273 of 1999): and Sri Kitabul Mian (of CWJC No. 296 of 1999) were workmen under the respondent- Central Coalfields Ltd. (CCL) in its Pindra Colliery. After their retirement, certain gratuity amounts were paid but being not satisfied, they preferred their respective applications before the Assistant Labour Commissioner ("ALC". for short) (Central). Hazaribagh, the controlling authority under the Payments of Gratuity Act, 1972 for direction on CCL authorities to pay the rest of the amount. Their applications were rejected by ALC (Central), Hazaribagh by different orders, communicated vide memos all, dated 13th March, 1999. Being dissatisfied, the aforesaid workmen/petitioners preferred appeals before the Regional Labour Commissioner (Central), Dhanbad, who is the appellate authority under the Payments of Gratuity Act, 1972.

(3.) It is not necessary to discuss all the facts of different cases in detail, except the relevant facts to determine the question.