BABU RAM Vs. CENTRAL COALFIELDS LIMITED

JUDGEMENT

(1.) These Letters Patent Appeals have been filed against the common judgment dtd. 16/8/2022 passed in W.P.(L) No.7699 of 2017 and analogous cases whereby and whereunder the writ petitions filed by the appellant(s) (hereinafter referred to as the workmen) have been dismissed. The workmen had filed different writ petitions which were decided by a common judgment impugned in these Appeals.

(2.) L.P.A. No. 522 of 2022 arises out of W.P.(L) No.1165/2018 in which the appellant is the widow of the workman namely, Late Devi Ram Manjhi. The appellant was also the writ petitioner. L.P.A. No. 524 of 2022 arises out of W.P.(L) No.1474/2018 in which the appellant is the son of the workman namely, Late Bisheshwar Tirkey. The appellant was also the writ petitioner. In L.P.A. No. 564 of 2022, the appellant- Karan Yadav is the son of the workman namely, Ramlal Yadav who was the writ petitioner in W.P.(L) No.6685/2017. During pendency of the writ petition, he died on 15/12/2020. The appellant has filed I.A. No.6754/2023 seeking substitution which has been allowed vide order dtd. 28/8/2023.

(3.) The writ petitions were filed, inter alia, for quashing the Award dtd. 21/4/2017 passed by the learned Presiding Officer, Central Government Industrial Tribunal No.1, Dhanbad in Complaint Case No. 06/2013 (arising out of Reference No.58 of 1992) initiated on an application filed by the workmen under Sec. 33-A of the Industrial Disputes Act, 1947 whereby and whereunder the management was directed to remove all the workmen who were in employment on the basis of the Memorandum of Settlement, pending enquiry. Further prayer was made for quashing the notices dtd. 7/9/2017 / notice dtd. 14/9/2017 in L.P.A. No. 524 of 2022 (arising out of W.P. (L) No. 1474 of 2018) issued pursuant to the aforesaid Award dtd. 21/4/2017 removing the workmen from their services. The workmen also prayed for reinstatement with all consequential benefits.