BHARAT COKING COAL LTD. BEING REPRESENTED BY THEIR EMPLOYERS IN RELATION TO THE MANAGEMENT OF BHOWRA COLLIERY Vs. PRESIDING OFFICER, CAT NO.2, DHANBAD

JUDGEMENT

(1.) Heard the counsel for the parties.

(2.) The Management- petitioner has preferred this writ application seeking quashing of the award passed by the Presiding Officer, Central Government Industrial Tribunal No. 2, Dhanbad dated 31.10.2001 in Reference Case No. 2 of 1994(Annexure-7) whereby it has answered the reference against the petitionermanagement holding that the dependant of the workman, Ramdhani Dhobi, Ex Mining Sirdarof Bhowra Colliery is entitled to employment under clause 9.4.3 of National Coal Wages Agreement-IV ( N.C.W.A.-IV).

(3.) Learned counsel for the management- petitioner, while narrating the facts submitted that the date of birth of the respondent- workman recorded in Form B lying with the employer was 20.1.1932. He was appointed on 26.4.1946 and at the time of superannuation he was working as Mining Sirdar. It is stated that since, 23 rd July 1991 he stopped attending duty and a statutory notice of superannuation was given to him on 27.7.1991 informing him about the date of superannuation w.e.f 20.1.1992 after attaining 60 years of age. The workman superannuated on 20.1.1992, thereafter an industrial dispute was raised on 23.3.1992 leading to the reference by the Central Government by notification dated 30.9.1993. The parties appeared on notice and filed their written statement where after the impugned award has been passed. The issue in question is quoted herein below:-