BHARAT COKING COAL LIMITED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel appearing for the petitioners and learned counsel appearing for the opposite parties.

(2.) WHEN the services of Govind Mahato were terminated by the Management of the Company, industrial dispute was raised and whereby reference was made before the Central Government Industrial Tribunal No.1, Dhanbad vide Reference No. 136/1991. In that case the award was passed in favour of the employee on 15th May 2000, whereby the employer was directed to reinstate the employee in the services with 25% back wages. Being aggrieved with that award, a writ petition vide CWJC No. 472/2001 was preferred before this Court, which was admitted on 05.02.2001. Admittedly, this Court never stayed the operation of the award dated 15th May 2000. In course of time, Assistant Labour Commissioner, Central, Dhanbad, issued a notice to the petitioners to show cause as to why the prosecution be not launched on account of nonimplementation of the award dated 15th May 2000. In response to that notice, it was intimated to the Assistant Labour Commissioner, Central, Dhanbad, that against the award dated 15th May 2000, a writ application has been preferred, which has been admitted and in the said case an application for staying the operation of the award has also been filed. It was also intimated that the petitioners are waiting for the final outcome of the case. There upon, Assistant Labour Commissioner, Central, Dhanbad, lodged a complaint before the Chief Judicial Magistrate, Dhanbad for nonimplementation of the award by the petitioners. The said complaint was registered as I.D. Case No. 526 of 2001. Upon which, cognizance of the offence punishable under Section 29 of the Industrial Dispute Act, 1947, was taken against the petitioners, which is under challenge.

(3.) IN such circumstances, only petitioner no. 6 happens to be responsible for not implementing the award. Somewhat similar situation fell for consideration before this Court in a case referred to above where His Lordships observed as follows: