EMPLOYERS IN RELATION TO THE MANAGEMENT OF DHANSAR COLLIERY OF M/S. B.C.C.L., DHANBAD Vs. THE PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL & ANR.

JUDGEMENT

(1.) The management of Dhansar Colliery of M/S Bharat Coking Coal Limited (hereinafter referred as H.C.C.L. for the sake of convenience) who is the petitioner, has challenged the award of the Industrial Tribunal dated 12/04/1999 in Ref. Case No. 64/1993 contained in Annexure-5 to this writ application, whereby in terms to the reference under the Industrial Dispute Act the Tribunal ordered for reinstatement of the workman B.K. Singh without any back wages

(2.) The Government of India, Ministry of Labour in exercise of the powers conferred under Sec. 10(i)(d) of the Industrial Dispute Act 1947 referred the following dispute to the Industrial Tribunal for adjudication:- "Whether the action of the management of Dhansar Colliery of M/S B.C.C.I,, in denying employment to Sri B.K. Singh is Munshi in Loading Sec. is justified If not to what relief the workman is entitled -

(3.) The case of the petitioner is that Dhansar Colliery of M/S B.C.C.L. is a Coking Coal Mines, which was nationalised on 01/05/1972 on coming into force of the Coking Coal Mines (Nationalisation) Act, 1972 prior to the nationalisation of the (sic) appointed under the Coking Coal Mines (Emergency) Provisions Act, 1971. Prior to that the Management of the said mines were in the hands of erstwhile colliery owner, who used to maintain the records of the Colliery including the service particulars of all the workmen and they used to maintain the service particulars of the workmen in From-B Register prepared in terms of Sec. 48 of the Mines Act.