EMPLOYERS IN RELATION TO THE MANAGEMENT OF CAPTIVE POWER PLANT OF M/S CENTRAL COALFIELDS LTD. Vs. THEIR WORKMEN BEING REPRESENTED BY SHRI KESHAV SINGH YADAV

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the respondent on the Interlocutory application bearing I.A. No. 2916 of 2007 wherein prayer has been made to stay operation of the Award dated 30.8.2006 passed by Central Government Industrial Tribunal NO.1, Dhanbad in Ref. No. - 52 of 1999.

(2.) . Having heard learned counsel appearing for the parties and on being satisfied that there appears to be prima facie case in favour of the petitioner, the operation of the impugned award passed on 30.8.2006 in Ref. No. 52 of 1999 is hereby stayed. 3. Accordingly, I.A. No. 2916 of 2007 is disposed of. 4. Heard learned counsel appearing for the petitioner and learned counsel appearing for the respondent on the Interlocutory application bearing I.A. No. 590 of 2008 filed under Section 178 of the Industrial Disputes Act wherein prayer has been made to direct the respondent to pay the arrears arid full wages last drawn to the 82 employees out of 92, who have been reinstated under the Award passed on 30.8.2006 in Ref. No. 52 of 1999 by Central Government Industrial Tribunal No. 1, Dhanbad. 5. Learned counsel appearing for the respondent submits that during the pendency of this writ application, the respondent be directed to pay arrears and full wages at the rate of wages lastly drawn to 82 employees list of which has been filed before this Court and a copy of that has also been given to learned counsel appearing for the petitioner and if their would be necessity of filing any document relating to identity of those 82 workmen it would be produced before the Management. 6. As against this, learned counsel appearing for the petitioner submits that the workmen are not the employees of the petitioner and therefore, they are not liable to pay the arrears as well as full wages and if this court passes order regarding payment for the same then workmen need to file document showing their identity as well as document showing payment of wages which they had lastly drawn. 7. Regard being had to the facts and circumstances of the case, the employer is directed to pay to the 82 workmen full wages last drawn by them inclusive of any maintenance allowance admissible irrespective of any rule during the pendency of this application and continue to keep on paying the same every month and also the arrears of wages with effect from 29.3.2007. The concerned workmen will produce the certificates of last pay drawn by them before the employer as also certificate regarding identity of/workmen on the basis of which payment shall be made in terms of Section 178 of the Industrial Disputes Act as also the arrears of wages. 8. With the aforesaid direction, the aforesaid I.A stands disposed of.