WORKMEN REPRESENTED BY THE AREA SECRETARY NAMELY, KESHAV SINGH YADAV Vs. SK JAGNANIA CHIEF GENERAL MANAGER

JUDGEMENT

(1.) WHEN the Central Government Industrial Tribunal No.1, Dhanbad passed an award directing the employer to reinstead workmen as their services were found to have been terminated without compliance of the provision of Section 25F of the Industrial Dispute Act, the petitioner, the employer in relation to the Captive Power Plant of M/s. C.C.L filed writ application, bearing W.P.(L) No.1751 of 2007 which was admitted for hearing and the operation of the impugned award was stayed. Thereupon, an application was filed under Section 17B of the Industrial Dispute Act on behalf of the workmen which was allowed, vide order dated 12.8.2008 directing the employer to pay full wages last drawn by them and also the arrears of wages to them with effect from 29.3.2007 on production of certificates of last pay drawn by them and also certificates regarding identity of the workmen. When the order passed by this Court was not complied with, this case of contempt was filed by the workmen. Having appeared, the management filed show cause taking stand that since the workmen failed to produce certificates of last pay drawn on the basis of which payment was supposed to be made and also certificates regarding identity of the workmen, the order passed by this Court could not be complied with. Reply to the aforesaid show cause was filed wherein it was stated that since the workmen was out of service since long, those document could not be filed though some of the pay slips and documents which were available to them were produced along with the representation. Subsequently, under the aforesaid situation, Interlocutory application bearing no. 49 of 2010 was filed in the writ application seeking modification of the order dated 12.8.2008

(2.) HAVING regard to the facts and circumstances, interlocutory application was disposed of vide order dated 10.3.2010 whereby the order dated 12.8.2008 was modified in the following term:

(3.) UPON scrutiny when certain defects which are being given below were found, it was placed before this Court that as soon as the defects would be removed, payment would be made.