EMPLOYER IN RELATION TO MANAGEMENT OF SWANG COLLIERY OF M/S.CENTRAL COALFIELDS LTD. Vs. PRESIDING OFFICER, LABOUR COURT BOKARO

JUDGEMENT

(1.) The petitioner has prayed for quashing the order dated 15th January, 1996 passed by the Respondent No. 1 in M.J. Case No. 2 of 1991. By the said order, learned Labour Court has allowed the application of the concerned workman filed under Section 33-C(2) OF The Industrial Disputes Act (hereinafter to be referred as the 'Act'), directing the Management to pay Rs. 24,279.39 poise payable to the petitioner after calculation of 50% of his wages. The petitioner has challenged the said order on the ground that the learned Labour Court has exceeded its jurisdiction and has determined the disputed issues in a proceeding under Section 33-C(2) of the said Act. Learned Labour Court has also erroneously included some of the grants and allowance In wages. According to the petitioner, the order is wholly illegal and liable to be quashed.

(2.) This writ petition has been contested by the concerned workmen, stating, inter alia, that the order is perfectly legal and valid and has been passed within the ambit of provisions of Section 33-C(2) of the Act. No fresh issue has been decided by learned Labour Court, The concerned workman was reinstated end was given 50% back wages by an award rendered in Ref. Case No. 1 of 1979. By the said award, the termination of the concerned workman was set aside and the Management was directed to reinstate him with full back wages.

(3.) The petitioner had challenged the said award by filing writ petitioner, being CWJC no. 135 of 1980 (R). The writ petition was allowed by order dated 26th September, 1980. The said order was challenged in the Supreme Court in Civil Appeal No. 6715 of 1983. Before the Supreme Court, the opposite party (petitioner herein) agreed to reinstate the concerned workman in service with 50% back wages. Accordingly, the apex Court directed the Management to take the concerned workman back in service within two months and pay him back wages with effect from 24th August, 1977 till the date of his reinstatement. The concerned workman was, thereafter, reinstated in job as Incline Coal Cutter on 5th November, 1983. His back wages was calculated and a sum of Rs. 13,491.01 paise was paid. The workman received the amount under protest as it was less than what was due and payable to him. He, thereafter, made complaint to the A.L.C. (C), Hazaribagh for taking action against the management for not implementing the order of the Supreme Court. The concerned workman was asked to move this Court for redressal of his grievance. He, thereafter, preferred wit petition before the Patna High Court, Ranchi Bench, as then was, being CWJC No. 1519 of 1990(R). The concerned workman after disposal of the said writ petition filed application under Section 33-C(2) of the said Act before the Labour Court.