WORKMAN-SHAHDEO DAS Vs. EMPLOYER IN RELATION TO MANAGEMENT OF KATRAS AREA OF M/S BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) The workman is aggrieved by the writ Court's order dtd. 28/10/2021 passed in W.P.(L) No. 2866 of 2021 by which a challenge laid by the Management of Katras area of M/s. Bharat Coking Coal Limited at Dhanbad to the award dtd. 30/9/2020 has been accepted. The writ Court held that the workman did not made even a feeble attempt to explain the delay in raising a dispute as regards his date of birth.

(2.) The writ Court has held as under:

(3.) The workman pleaded that he was appointed as a Miner/Loader on 24/9/1990 at Bhalgora. Later on he was transferred to Salanpur Colliery under M/s. Bharat Coking Coal Limited (in short, BCCL) as SDL Operator. According to the workman, when the BCCL did not correct his date of birth in the service records he made an application on 31/10/2015 for correcting his date of birth. This application was given to the Project Officer of Salanpur Colliery and the General Manager/Project Officer of the BCCL at Katras. The workman submitted another application on 16/9/2016 because no action was taken by the BCCL on the first application, and finally raised an industrial dispute which was referred for adjudication. The Appropriate Government in exercise of the powers under clause (d) of sub-sec. (1) and sub-sec. 2A of Sec. 10 of the Industrial Disputes Act, 1947 referred before the Central Government Industrial Tribunal No.1, Dhanbad the following issue for adjudication: