CENTRAL COALFIELDS LTD. Vs. UNION OF INDIA

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.) THE workman Md. Ismail Mian (Of CWJC No. 200 of 1999) claimed that he was engaged on 30th June, 1956 in Topa Colliery and then taken in Pindra Colliery and ultimately his service was taken over by CCL w.e.f. 1.4.1973. He produced evidences relating to deduction of contributions towards Provident Fund, i.e., CFPFA/C slips of 3/58 to 3/69. The Management accepted the continuity of his service w.e.f. 1.4.1973 to 21st August, 1991. However, the controlling authority ALC (Central), Hazaribagh rejected the claim on the ground that the continuity of service had not been established for the period from 30th June, 1956 to 31st August, 1991. The Management paid the gratuity amount of Rs. 24,378.80 ps. as accepted, with regard to the period of service from 1st April, 1973 to 31st August, 1991 and not the earlier period.