EMPLOYER IN RELATION TO THE MANAGEMENT OF M/S HINDUSTAN COPPER LTD. Vs. EX-EMPLOYEES COORDINATION COMMITTEE, MOSABANI

JUDGEMENT

(1.) The office note of this writ records reveals that the notice issued to the respondent returned unserved by stating that the notice was refused but a vakalatnama has been filed by Sujit Kumar Shaw in his individual capacity without any mention of the respondent Exemployees' Coordination Committee, Mosabani and without any seal. A counter affidavit has also been filed. Neither in the Vakalatnama nor in the counter affidavit it has been stated that Sujit Kumar Shaw is the general secretary of the respondent Ex-employees' Coordination Committee, Mosabani and is pursuing the case on behalf of himself and also on behalf of 413 ex-employees in representative capacity. Since the Vakalatnama has been filed in individual capacity, it cannot be said that Sujit Kumar Shaw is representing all other 413 exemployees before this Court or even representing the respondent Exemployees' Coordination Committee, Mosabani. However, the case has been extensively argued on the basis of materials available on record. An amicus was also appointed by this Court who has also assisted this Court in the matter.

(2.) This writ petition has been filed for the following reliefs:

(3.) The terms of reference before the learned Central Government Industrial Tribunal No. 1, Dhanbad (hereinafter referred to as 'Industrial Tribunal') is as under: