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1998 Supreme(Cal) 86

R.S.DAYAL, AMITAVA LALA
General Manager, Magma Area, Eastern Coal Fields Ltd. – Appellant
Versus
Gopal Chandra Mondal – Respondent


Advocates appeared:
Alok Banerjee, Subimal Mukherjee, Pradyot Kumar Das, R.N. Majumdar, Sudarshan Roy

JUDGMENT

R.S. Dayal, J.

1. POINT for decision in this appeal is whether in respect of an industrial dispute for which remedy lies before the forum created by the Industrial Disputes Act, 1947 (hereinafter referred to as the Act), the High Court should entertain a writ petition under Article 226 of the Constitution.

2. GOPAL Chandra Mondal, respondent herein, joined the service of Eastern Coalfields Ltd. That company along with some others was nationalised by the Coal Mines (Nationalisation) Act, 1972. As a result of the nationalisation the respondent became an employee of the Coal Mines Authority Ltd. which is a "State" within the meaning of Article 12 of the Constitution of India with effect from May 1; 1973. Clause 9.4.0 of NCWA IV, inter alia, provides for employment to be given to one dependent of workers disabled permanently and those who met with death while in service. The respondent and one another executed an Indemnity Bond in the year 1991 in connection with the employment of one Mahesh Kora on the ground of the death of his sister Dingle Kora declaring and undertaking that if the relationship between Mahesh Kora and his deceased sister Late Dingle Kora was found to be fal




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