EMPLOYERS IN RELATION OF THE MANAGEMENT OF BHAGABAND COLLIERY OF BHARAT COKING COAL LTD. Vs. THEIR WORKMEN BEING REPRESENTED BY SRI D. MUKHERJEE

JUDGEMENT

(1.) LPA No. 368/2013 arises out of the order dated 25.9.2013 passed in CWJC No. 1140/1994(R) confirming the award dated 14.8.1992 passed by the Central Government Industrial Tribunal in Reference Case No. 110/1990 directing departmentalization of the workmen as General Mazdoor in Category-I and pay them back wages as per NCWA. LPA No. 371/2013 arises out of the order dated 25.9.2013 passed in CWJC No. 3109/1998(R) confirming the order dated 7.9.1998 passed by the same Tribunal in Misc. Case No. 1/1998 identifying only 36 workmen as beneficiaries of the award dated 14.8.1992 rendered in Reference Case No. 110/1990.

(2.) The case of the respondent-workmen is as follows:-

(3.) An industrial dispute was raised before The Assistant Labour Commissioner (Central) Dhanbad alleging that they were working in the underground in prohibited categories of work under the direct control and supervision of the Management. The conciliation was taken up but failed. The Ministry of Labour, Govt. of India by its order No. L-20012(6)/88-IR (Coal-I) dated 08-05-1990 referred the dispute to the Industrial Tribunal No. 1 Dhanbad as Reference Case No. 110 of 1990 with the following reference:-