MD. ASADULLAH Vs. THE UNION OF INDIA

JUDGEMENT

(1.) There are all 31 workmen, who were represented through the Union namely, Rashtriya Colliery Mazdoor Congress (hereinafter referred as workmen) raised a dispute which was referred for adjudication vide, Reference No.96/1993, in which an award dated 5th June, 1997 was passed in favour of workmen directing the respondent management of Khas Kusunda Colliery of M/s Bharat Coking Coal Limited, (hereinafter referred as B.C.C.L) to take them in regular service and to pay 25% of full back wages with effect from 01.11.1992. The said award was challenged by B.C.C.L through the medium of CWJC No. 274/1998(R), which petition was ultimately allowed vide impugned order dated 16th May, 2006 by learned Single Judge observing that the award dated 5th June, 1997 passed by the Central Government Industrial Tribunal No. 1, Dhanbad in Reference No. 96/1993 was perverse and that the workmen had raised the dispute after considerable delay. Aggrieved of the said order, workmen are before us through the medium of the instant Letters Patent Appeal, which is on board since the year 2006 and now taken up for its final consideration.

(2.) Heard learned counsel for both the sides, gone through the impugned judgment, award dated 5th June, 1997 and other relevant documents available on Writ Court records.

(3.) Learned counsel appearing for workmen appellants contended that in the impugned judgment the learned Single Judge while holding the aforesaid award as perverse has not assigned any reason. He submitted that even otherwise there appears to be no delay at the end of the workmen as the dispute was raised by them with the management in the year 1981 and they had worked till the end of 1976, thus if there was any delay on their part, it was of hardly 4 years and not from the year 1977 to 1991 which should not stare at them for the rejection of the award which they earned in their favour.