THEIR WORKMEN BEING REPRESENTED BY AREA SECRETARY Vs. EMPLOYERS IN RELATION TO MANAGEMENT OF 20/21 PITS

JUDGEMENT

(1.) Previously this Court had disposed of Contempt Case (Civil) No.787 of 2013 by detailed order dated 22nd February, 2016 whereby an order was passed to make the payment of last wages drawn under Section 17-B of the Industrial Disputes Act, 1947 by the opposite party No.2 to this application through Assistant Commissioner of Labour, Dhanbad. The exercise of identification of the workmen was to be completed within a period of six weeks.

(2.) Having heard the counsels of both the sides and looking to the facts and circumstances, it appears that this applicant is a trade union which is claiming that there are total 134 workmen who are claiming last wages drawn as per Section 17-B of the Industrial Disputes Act, 1947. After the order was passed by this Court on 22nd February, 2016 in Contempt Case (Civil) No.787 of 2013, the identity of only 25 persons were given to the Assistant Commissioner of Labour, Dhanbad out of which detailed speaking order has been passed by the Assistant Commissioner of Labour, Dhanbad dated 9th August, 2016 (Annexure-5 to the memo of this Civil Miscellaneous Petition).

(3.) Learned counsel appearing for the applicant is challenging the legality and validity of the order passed by the Assistant Commissioner of Labour, Dhanbad for 24 workmen only on various grounds based upon the allegation levelled in para-9 to be read with Annexure-4 and other annexures. It is submitted by the learned counsel for the applicant that affidavits and photographs have also been supplied to the Assistant Commissioner of Labour, Dhanbad.