ASHISH CHANDRA TRIGUNAIT Vs. BHARAT COOKING COAL LTD

JUDGEMENT

(1.) Heard the parties.

(2.) In the instant writ application prayer has been made for quashing the Award dtd. 25/5/2016 (Annexure-3), passed in Ref. Case No. 3 of 2014, whereby the learned Central Government Industrial Tribunal No. 1, Dhanbad has though answered the award in favour of the petitioner holding that the "Action of management in not regularizing Sri A.C. Trigunait, Clerk Special Grade in post of Office Superintendent is not justified", but denied to grant any back wages in lieu of salary attached to the post of Office Superintendent.

(3.) The facts of the case in short is that petitioner joined the services of respondent-BCCL on 1/10/1971 and discharged his duties diligently and sincerely and as such, he was promoted to the different higher posts from time to time. In the year 2010, he was promoted from Clerical Grade-II to Special Grade and was directed to work as Superintendent of the Manpower and Recruitment division of BCCL Head Quarter. While discharging the said duties, he made representation for regularization of his services as Office Superintendent in T&S Grade 'A' in terms of Certified Standing Orders of M/s. BCCL. However, on attaining the age of superannuation, petitioner retired from service on 31/8/2013 as Special Grade, while pursuing his claim for promotion to the post of Office Superintendent. But when no action was taken by the respondent-BCCL, he raised an industrial dispute through his Sponsored Union before the concerned Authority. On failure of conciliation, the Assistant Labour Commissioner (C) forwarded the report before the Central Government and then the concerned Department of the Central Government by order dtd. 3/1/2014 referred the dispute for adjudication to the Central Govt. Industrial No. 1, Dhanbad framing the following issue: