FATIK MAHTO, NARAYAN BISWAS AND NAGINA MAHTO Vs. BHARAT COKING COAL LTD.THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR

JUDGEMENT

(1.) PETITIONERS claim their reinstatement pursuant to the Award dated 3.3.1983, passed in Reference Case No. 58/1981, on the ground that they are the genuine workmen under the said Award under serial nos. 9, 11 and 15 respectively.

(2.) 39 workmen were working as contract labours under a Company which was subsequently taken over by the respondents -BCCL. They worked in BCCL from December, 1979 to January, 1981 and thereafter they were removed from service. An industrial dispute was raised whether the Management was justified in not absorbing 39 workmen. The Award was passed on 3.3.1983, under which, Management was directed to reinstate all the 39 workmen with full back wages. The award was challenged by the Management by way of a writ petition, which was dismissed. The appeal filed by the Management before the Supreme Court, was also dismissed in limine. Thereafter disputes arose between several persons, as to who is the actual workmen covered under the Award.

(3.) MR . Kalyan Roy appearing for the petitioners submitted that pursuant to the said order a representation was filed and the R.L.C. (C) Dhanbad by order dated 26.4.1999/4.5.1999 (Annexure -5) identified the petitioners to be genuine claimants and therefore they claim that BCCL should reinstatement them as per the said Award. He further relied on the judgment dated 17.11.2003, passed in W.P. ( L) No. 4888 of 2003.