ADITYA KUMAR CHAKRABARTY Vs. BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner has filed the instant writ petition with a prayer to call for the entire records and details appertaining to the services granted to him in accordance with memorandum of settlement entered into by and between the Area Secretary, Bihar Colliery Kamgar Union and others of Barora Area and the respondent-management. Petitioner has further prayed for a direction upon the respondents to consider his date of birth as 19.03.1959 instead of 19.03.1956 and set aside the order of retirement by which premature retirement order has been passed on the basis of wrong entry of his date of birth and thereby reinstate him in service with all backwages, other consequential benefits as also interest and cost.

(3.) The brief facts of the case as has been delineated in the writ petition is that 70 workers including the petitioner were made to sit idle by the respondent - BCCL in the year 1987 on the ground that they were all workers of the Contractor. Industrial dispute was raised by the Bihar Colliery Kamgar Union and after the Award dated 21.02.1992, passed by Central Industrial Tribunal at Dhanbad in Reference Case No. 151 of 1989, petitioner along with 70 other workers of the Contractor were reinstated in service of the respondent - Company with effect from 22.12.1983 and RC direction was made to pay them back-wages minus wages already paid as available to the Stone Cutters as per the National Coal Wage Agreement. The Award was challenged by the respondent -BCCL before the Patna High Court (Ranchi Bench) vide CWJC No. 2470 of 1992 (R) and the same was upheld. Against the order of the Single Judge, the Management preferred L.P.A. No. 24 of 1998 (R) and the same was disposed of on 07.08.2000 with a modification to the Award to the extent that in place of back-wages, a consolidated lumpsum amount of Rs. 50,000.00 was to be paid to each awardees. The Management preferred Civil Appeal No. 8526 of 2002 before the Honourable Supreme Court, which was disposed of vide order dated 09.03.2010 which also upheld reinstatement portion of the Awardees as well as payment of back-wages at the rate of Rs. 50,000.00 per head. Thereafter, a Memorandum of Settlement was entered into by the Area Secretary, Bihar Colliery Kamgar Union and others Vs. Respondent - Union and finally petitioner and others were taken into employment.