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2009 Supreme(Cal) 753

PINAKI CHANDRA GHOSE, I.P.MUKERJI
Eastern Coalfield Ltd – Appellant
Versus
UNION OF INDIA – Respondent


Judgment :-

(1.) This is an appeal from a judgment and order dated 11th July, 2005 in a writ application W.P. No. 1841 (W) of 2000, Eastern Coalfields Limited v. Union of India and others. By this judgment and order the award dated 1st December, 1988 passed by the Central Government Industrial Tribunal, Asansol in reference No.4 of 1989 was affirmed.

(2.) Hence, this appeal.

(3.) The issues involved are very short. But, proceedings emanating from the dispute have spread over three decades.

(4.) In the early 70s, when there was no nationalisation of coal. There was a public company North Dhemo Coal Company Ltd. with its principal office at Calcutta. This company owned a coal mine called Burradhemo Mines.

(5.) On and from 11th June 1972 the colliery was declared closed by its owners. All 1282 workers were discharged. This event gave rise to an industrial dispute. The owners, workers and the Central Government entered into a settlement, known as the tripartite settlement, on 13th September 1972. It appears that further to this settlement part of the mine was restarted with 600 workers.

(6.) Thereafter, the Coal Mines (Nationalisation) Act 1973 came into force. By this Act inter ali














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