RANJIT KUMAR, SON OF LATE KAMALDEB LAL Vs. THE MANAGEMENT OF BHARAT COKING COAL LIMITED LOYABAD COLLIERY

JUDGEMENT

(1.) The present writ petition has been filed for setting aside the award dated 27th October 2011, passed by the Presiding Officer, Central Government Industrial Tribunal (No. 2) Dhanbad, in reference case no. 10 of 1993, whereby the reference was answered in favour of the respondent management by rejecting the claim of the petitioner-workman.

(2.) The brief facts of the case as stated in the writ petition is that though the petitioner was initially appointed as miner/loader on 19.04.1982, yet as per authorization of the management, he started working as electrical helper in category II. According to the petitioner, he started working as clerk since 1986 and thereafter he was transferred from Kankani colliery to Nichitpur colliery where he worked as coal dispatch clerk for two and half years and the management regularized the petitioner on the post of Clerk Grade-III, though the petitioner was entitled to be regularized on the post of Clerk Grade-II in the year 1986 itself as per the policy decision of the management of M/s. B.C.C.L. The petitioner represented before the management and pursued the matter through Union for his regularization on the post of Clerk Grade-II w.e.f. 1986, Clerk Grade-I w.e.f. 1992 and as special grade clerk with immediate effect. However, since no action was taken by the respondent-management, the industrial dispute was raised and finally the same was referred by the appropriate government to the Central Government Industrial Tribunal for adjudication of the dispute. The terms of reference was 'whether the action of the management of Loyabad Colliery of B.C.C.L. in not regularising Shri Ranjit Kumar as clerk is justified? If not, to what relief the workman is entitled?

(3.) The said reference was registered as reference no. 10 of 1993 before the Central Government Industrial Tribunal, (No. 2), Dhanbad. After adjudication of the dispute, the learned Tribunal answered the reference in favour of the management holding inter alia that since the petitioner-workman has already been regularized as clerk grade-III w.e.f. 14.08.1992, his claim for regularization on the post of Clerk Grade-II w.e.f. 1986, in Clerk Grade-I from 1992 and in special grade clerk with immediate effect being contrary to the provisions of the cadre scheme, as per J.B.C.C.I. memorandum of agreement dated 11th November 1983, is not acceptable in the eye of law.