EMPLOYERS IN RELATION TO MANAGEMENT OF KATRAS-CHAITUDIH COLLIERY UNDER KATRAS AREA OF BHARAT COKING COAL LTD Vs. THEIR WORKMAN BEING REPRESENTED BY SECRETARY KOYLA ISPAT MAZDOOR PANCHAYAT

JUDGEMENT

(1.) The present writ petition has been filed for quashing the award dated 21.01.2015 rendered by the Central Government Industrial Tribunal No.1 (hereinafter referred to as 'the C.G.I.T'), Dhanbad in Reference No. 216/2000 (Annexure-4 to the writ petition) whereby, the learned C.G.I.T has answered the said reference in favour of the respondent-Union directing the petitionerManagement to provide employment to the dependant son of Late Shanti Nonia.

(2.) The brief background of the case, as stated in the writ petition, is that Late Shanti Nonia was working as Wagon Loader at Katras-Chaitudih Colliery under Katras Area of M/S BCCL. While in the service of M/S BCCL, she died in course of treatment at Central Hospital, Dhanbad on 27.11989. After the death of the deceased workman, her dependant son, namely, Binod Kumar Nonia applied for his compassionate appointment in the year 199 In the application, the date of birth of the dependant son was shown as 15.06.1977 and, therefore, he was merely 12 years' old at the time of the death of his mother and 15 years' old on the date of submitting the application. The dependant son attained his majority in 1995, he thereafter submitted an application dated 24.08.1996 for being appointed on compassionate ground. The application submitted by the dependant son was, however, rejected on 08.11998 on the ground of delay in making application for compassionate appointment and the aforesaid decision was communicated to the dependant son vide letter dated 101.1999 of the Project Officer, Katras-Chaitudih Colliery. Thereafter, the Secretary, Koyla Ispat Mazdoor Panchayat raised an industrial dispute before the Assistant Labour Commissioner (Central), Dhanbad, who soon thereafter took up the matter for conciliation. However, the concilliation failed and the failure report was submitted before the appropriate Government. The Ministry of Labour, Government of India vide its Order No. L 20012/32/2000-(C-I) dated 24.07.2000, referred the following dispute for adjudication:

(3.) On receipt of the said reference, the learned C.G.I.T registered the same as Ref. No. 216/2000 and issued notices to the respective parties to submit their written statements/rejoinders. Both the parties filed their respective written statements/rejoinders.