BINDESHWARI DAS Vs. B C C L

JUDGEMENT

(1.) PETITIONER's case appears to have a chequered history. He was appointed as a Miner loader under the erstwhile Murlidih Colliery way back in the year 1967. In the same year he contracted Tuberculosis and remained under medical treatment at the C. H. D. , Dhanbad. After recovery from his illness, he obtained a certificate from C. H. D. , Dhanbad declaring him fit for duty. However, inspite of the fitness certificate issued by the doctor, the erstwhile management of the Murlidih colliery did not allow him to join duty. In the meantime, all the private mines including the Murlidih colliery was taken over by the new management of the b. C. C. L. under the Coal Mines Nationalization act, 1973. The petitioner approached the new management for allowing him to resume duty but the same was refused even by the new management. The petitioner pursued his claim by raising an industrial dispute. Initial attempt for conciliation by the Commissioner, having failed, the dispute was referred to the Labour tribunal. The petitioner succeeded at the labour Tribunal which, by its Award, had directed the respondent Management to reinstate the petitioner in service with full back wages from January 1, 1976.

(2.) A counter affidavit has been filed by the respondent Management in which the petitioner's claim has been denied and disputed.

(3.) HEARD learned counsel for the petitioner and learned counsel for the respondent management.