AMAR MUKHERJEE, SAMAR MUKHERJEE AND PRABIR MUKHERJEE Vs. STATE OF JHARKHAND, INSPECTOR GENERAL OF REGISTRATION-CUM-PAYMENT COMMISSIONER, KUMARDUBI ENGINEERING WORKS LIMITED

JUDGEMENT

(1.) HEARD the parties.

(2.) THE abovenamed three writ petitioners have been arrayed as petitioners in place of Brindaban Mukherjee i.e. their father who died during the pendency of the writ petition and, therefore, in his place, these writ petitioners have been substituted. The claim made in the writ petition is for a direction to the respondents to pay arrears with interest on account of claim made by Brindaban Mukherjee by quashing order dated 24.01.2001 as contained in Annexure -5 to the writ petition which was rejected by the Payment Commissioner.

(3.) 11.1971. He raised Industrial Dispute which was referred to the Labour Court, Bokaro Steel City and the Labour Court, by an Award dated 31.01.1983, held the dismissal of Brindaban Mukherjee by the Management of Kumardubi Engineering Works Limited, Dhanbad to be unjustified and he was declared to be entitled to reinstatement in service with backwages and continuity in service. This Award passed by the Labour Court was never challenged and therefore, it becomes final. 4 Case of the petitioners is that M/s. kumardubi Engineering Works Limited, Dhanbad closed its operation on 30.09.1979 since it went for liquidation and Official Liquidator was appointed by Calcutta High Court. Subsequently, an Act was enacted by Bihar Legislature namely Kumardubi Engineering Works Limited (KEW)(Acquisition & Management) Act, 1982 (Bihar Act 12 of 1983) which received the assent of President of India on 29.07.1983. Under Section 8 of the said Act, Payment Commissioner was appointed to determine the claim of the respective workers of the said Company. The payment Commissioner, after relying on the provisions of Section 24 of the Act, by order dated 26.12.1987, rejected the claim of the father of the petitioners and other similarly situated workmen.