WORKMEN REPRESENTED BY SECRETARY, RASHTRITA COLLIERY MAZDOOR SANGH Vs. EMPLOYERS IN RELATION TO THE MANAGEMENT OF LODNA COLLIERY OF M/S BCCL,DHANBAD

JUDGEMENT

(1.) THIS appeal under clause 10 of the Letters Patent is directed against the judgment dated 16.5.2007 passed in W.P. ( L) No. 1396/2003 whereby the learned Single Judge allowed the writ petition and set aside the award passed by the Central Government Industrial Tribunal No. 2, Dhanbad in Reference Case No. 127/95.

(2.) THE matter was sent to the Tribunal for adjudication of the following dispute: " Whether the action of the management of Lodna colliery of M/s BCCL in dismissing S/Shri Nand Kishore Ram and Ram Lakhan Ram Miner/Loader with effect from 19/22nd November, 1990 is justified ? If so to what relief the concerned workmen are entitled -

(3.) AS stated above, the appellants raised industrial dispute. The Tribunal , after hearing the parties , answered the reference in favour of the concerned workmen -appellants and set aside the order of termination . Aggrieved by the said award the respondent - management moved this court by filing the aforementioned writ petition. The learned Single Judge , after considering the entire facts of the case and the evidences adduced before the Tribunal, came to the conclusion that the termination of the services of the concerned workmen by the management was legal and valid. Consequently the award was set aside. Hence this appeal by the concerned workmen.