GENERAL MANAGER Vs. DEO NANDAN GWALA

JUDGEMENT

(1.) Aggrieved by order dated 17.04.2009 in L.C. Application No. 16 of 1996 passed under Section 33C(2) of the Industrial Disputes Act, 1947, the petitioner General Manager, Kustore Area No. VIII of M/s. Bharat Coking Coal Limited has approached this Court by filing the present writ petition.

(2.) The brief facts of the case are that, six workmen including four, who have been made respondents in the present proceeding, were working at Ghanoodih Colliery under M/s. BCCL. They were dismissed from service in the year, 1976. An industrial dispute was thus raised and six separate references were made. All the references were heard by the learned Labour Court together and vide award dated 16.11.1994, dismissal of the workmen was found not justified and accordingly, reinstatement in service was ordered. In the meantime, two workmen namely, Ram Rup Chamar and Sita Ram Chamar died and the remaining four workmen moved application under Section 33C(2) of the Industrial Disputes Act on 04.10.1996. A writ petition being, CWJC No. 772 of 1996(R) was also preferred by the workmen and the said writ petition was allowed vide order dated 01.03.2004 whereby, grant of 50% back wages was also ordered by this Court. A review petition was filed by the petitioner General Manager, Kustore Area No. VIII of M/s. Bharat Coking Coal Limited being, Civil Review No. 93 of 2004, which was allowed vide order dated 03.01.2011. In the meantime, the application dated 04.10.1996 under Section 33C(2) of the Industrial Disputes Act was allowed vide order dated 17.04.2009. The writ petition being, CWJC No. 772 of 1996(R) was reheard and finally dismissed vide order dated 01.09.2011 whereby, the award dated 16.11.1994 of the Labour Tribunal, Dhanbad was affirmed. Aggrieved by order dated 17.04.2009, the present writ petition has been filed.

(3.) To a specific question by the Court why the petitioner cannot approach the Labour Court seeking modification of order dated 17.04.2009, the learned counsel for the petitioner relied on decision in "Grindlays Bank Ltd. Vs. The Central Government Industrial Tribunal & Ors, 1981 AIR(SC) 606" and submits that 30 days after the award was published, the Labour Court became functusofficio and therefore, it has no jurisdiction to modify or alter order passed under Section 33C(2) of the Industrial Disputes Act.