RAMESH GOPE Vs. CENTRAL COALFIELDS LTD

JUDGEMENT

(1.) This Letters Patent Appeal has been preferred against the order passed in the writ petition being W.P.(L) No.5522 of 2011 dated 14.2.2012, whereby the writ petition filed by the petitioner for regularization of the services in pursuance of the award dated 3rd October, 1996, which has been affirmed by the Hon'ble Supreme Court, has been dismissed.

(2.) The appellants, who are the workmen and discharging their services as contract labour, raised dispute for their regularization through Union which was referred as Reference Case No.58 of 1992 and the award was passed on 3.10.1996 directing the Management to regularize the services of the petitioner. The award dated 3.10.1996 was challenged in a writ petition vide CWJC No. 199 of 1997 and the same was dismissed on 29.4.1999. Challenging the order passed in the said CWJC No. 199 of 1997, L.P.A. No. 214 of 1999 was preferred and the same was also dismissed vide order dated 19.8.1999. The Management preferred Special Leave Petition no.19391 of 1999 before the Hon'ble Supreme Court, which was also dismissed vide order dated 30.8.2001. Even after dismissal of the Special Leave Petition, when the members of the appellantUnion were not regularized, the Union again filed a writ petition being W.P.(S) No.2795 of 2002 and vide order dated 25.9.2008, the said writ petition was disposed of, directing the Management to implement the award with a liberty to the appellant to move an appropriate application/ petition, in case, the award is not implemented or disposed of by the authority within a period of three months (with effect from 25.9.2008). Thereafter, the appellantUnion and the Management entered into a settlement on 4.8.2009. As per the settlement, a sum of Rs.10,000/ as lumpsum was payable to the workman and they were also to be regularized.

(3.) The grievance of the appellants is that out of 299 workmen, only some of them, namely 117, were regularized and still 182 workmen are not regularized nor given appointment.