JUDGMENT

Rajendra Babu, J.-CA No. 5797 of 1998

Four workmen, who claimed to be working from May or July 1972 in the Ramkanali Colliery of the appellant, raised a dispute that they were stopped from work by the management. The appellant contended before the Industrial Tribunal to whom this matter was referred that the non-coking coal mines were taken over by the Central Government on 31-1-1973 and was nationalised with effect from 1-5-1973 and none of these workmen were in employment before the date of takeover. After the takeover of the colliery, a Screening Committee consisting of the representatives of the employer and the workmen scrutinized the claim of the workmen and found that the claim of these workmen was without any basis.

2. The reference made to the Industrial Tribunal reads as follows :

"Whether the demand of the workmen of Ramkanali Colliery of M/s. Bharat Coking Coal Limited, Post Office Katrasgarh, District Dhanbad that Sarvashri Bishundeo Singh, Kanhaiya Prasad Karan, Attendance Clerks, Ashok Kumar Das, Munshi and Bachu Singh, Night-Guard of West Ramkanali Section should be allowed to resume duty is justified? If so, to what relief are the workmen concerned entitled an