EMPLOYER IN RELATION TO MANAGEMENT OF BHOWRA COKE PLANT OF BHARAT COKING COAL LIMITED Vs. WORKMAN BEING REPRESENTED BY RAGHUNANDAN RAI, WORKING PRESIDENT, BIHAR MINES LAL JHANDA MAZDOOR UNION, AT+P O - BHOWRA, P S - JORAPOKHAR, DISTRICT- DHANBAD

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present writ petition has been filed for quashing of the Award 31.01.2011 passed by the Central Government Industrial Tribunal No.-1, Dhanbad in Reference Case no. 16 of 2003 whereby the reference was answered in favour of the respondent by holding inter alia that the petitioner-Management is not justified in not providing the benefit of Voluntary Retirement Scheme (F) (in short to be referred as =VRS(F) Scheme') to the concerned workman Smt. Pan Muni Manjhian and hence her dependent son is entitled for employment in Bharat Coking Coal Limited (in short to be referred as BCCL).

(3.) The factual matrix of the case is that a special voluntary retirement scheme for female employees of M/s. BCCL was floated vide circular dated 12.04.1995. Under the said circular, the female workman except nurse and essential staff below the age of 50 years could make an application for her voluntary retirement and in her place, employment could be provided to her dependent son aged between 18 to 35 years. Subsequently, the scheme was modified vide circular dated 05.06.2001 to the extent that the upper age limit of female workman was extended from 50 to 55 years. Smt. Pan Muni Manjhian (the concerned workman) submitted her application for voluntary retirement under the said special VRS(F) scheme on 20.06.2001, which was forwarded to the E.J. Area and then to the headquarter and in the meantime, the workman crossed the age of 55 years and thereafter her application was rejected by the Chief Engineer (Chemical), Bhowra Coke Plant, Dhanbad on 15.09.2001 on the ground that she has already crossed the age of 55 years. The respondent thereafter raised an industrial dispute, which was referred by the appropriate government to the Central Government Industrial Tribunal-1, Dhanbad and registered as Reference Case no. 16 of 2003. Thereafter, the female workman continued to work and draw her salary, subsequently she was served with superannuation notice dated 01.02.2006 informing that she would attain age of 60 years as on 16.07.2006 and as such, she would superannuate from service on 31.07.2006. In the meantime, the industrial adjudication continued and an award was passed by the learned Central Government Industrial Tribunal-1, Dhanbad on 31.01.2011 whereby the reference was answered in favour of the workman and it was held that the Management of BCCL, Bhowra Coke Plant, Dhanbad was not justified in not providing the benefit of VRS(F) Scheme to Smt. Pan Muni Manjhian. It was also held inter alia that her son is entitled for employment in BCCL and the Management was directed to give employment to the son of the workman Smt. Pan Muni Manjhian within 30 days from the publication of the award. The petitioner has put challenge to the said award passed by learned Central Government Industrial Tribunal-1, Dhanbad in the present writ petition.