EMPLOYERS IN RELATION TO THE MANAGEMENT OF JEALGORA COLLIERY OF M/S. BHARAT COKING COAL LTD. Vs. PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.2, DHANBAD

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The appellant is aggrieved against the judgment passed by the learned Single Judge on 22nd August, 2002, in CWJC No. 3286/1994R, whereby the writ petition of the Management had been dismissed upholding the award passed by the Central Government Industrial Tribunal No. 2, Dhanbad, dated 13th May, 1994.

(3.) A dispute arose because of the reason that in the erstwhile East India Coal Company, when 500 workmen working in Jealgora Colliery were stopped from working, CWJC No. 995/1976 was preferred in the Patna High Court and during the pendency of that writ petition, settlement was arrived at between the employees and the employer, whereunder after identification of the employees, employment was to be given. In view of the settlement, the respondent, who claimed himself to be Sheo Chand @ Sudarshan, got the appointment on 17.10.1981 and continued to work upto the year 1987 as he was removed from service on a complaint alleged to have been submitted by one lady, who claimed herself to be the wife of Sheo Chand and stated therein that her husband died about four years ago and the respondent got the appointment in the name of Sheo Chand. The respondent admittedly submitted an application for change of his name as well as address. According to the respondent-workman, when he submitted the application for change of his name and address, then only the dispute cropped up. The respondent-workman also questioned the identity of the complainant, the alleged wife of Sheo Chand. However, after holding enquiry, the charge against workman was found proved and his service was terminated and the following dispute was referred to the Tribunal, vide order dated 11th December, 1990, for adjudication:--