EMPLOYERS IN RELATION TO THE MANAGEMENT OF GOPINATH COLLIERY OF MUGMA AREA UNDER EASTERN COALFIELDS LIMITED Vs. THEIR WORKMAN, JANTA SHRAMIK SANGH

JUDGEMENT

(1.) This writ petition has been filed for quashing the award dtd. 28/1/2009 passed in Reference No.32 of 2002 (Annexure - 1) by learned Presiding Officer of the Central Government Industrial Tribunal [No.1] at Dhanbad whereby it has been held that the action of the management in dismissing the concerned workman is not fair and justified and hence he is entitled to be reinstated with full back wages and other consequential benefits and has further directed the management of Gopinath Colliery of Mugma Area under Eastern Coalfields Limited [ECL] to implement the Award within 30 days from the date of publication of the Award.

(2.) Learned counsel for the petitioner submits that order of dismissal is 24/6/1982 which was challenged by the concerned employee before the Hon'ble Calcutta High Court after 15 years in W.P. No. 22533 of 1997 and the writ petition was dismissed on 20/2/1998, against which appeal filed before the Hon'ble Calcutta High Court was also dismissed vide order dtd. 24/2/1999 as the appeal was also barred by limitation of 254 days was also rejected.

(3.) He has referred to the averments made in the I.A. No.1722 of 2009 paragraph 16 and also placed the order in the writ petition passed by Hon'ble Calcutta High Court and submits that the case was dismissed on account of delay and laches and as such there was no scope for raising any industrial dispute arising out of the same order of dismissal. He submits that this aspect of the matter was suppressed before the learned Tribunal and the Tribunal proceeded on merits.