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2003 Supreme(Jhk) 41

GURUSHARAN SHARMA, AMARESHWAR SAHAY
Secretary Mazdoor Sangathan Samiti Of Bharat Coking Coal Ltd. – Appellant
Versus
Employer In Relation To Management Of Katras Project Area Of Bharat Coking Coal Ltd. – Respondent


JUDGMENT

1. Smt. Dulali Jaswarin and Smt. Sukri Rajwarin were permanent employees of Katras-Choitudih Colliery of M/s Bharat Coking Coal Limited (for short BCCL) situated within Katras Project Area and were working as Wagon Loader.

2. In the year 1985, the Management of M/s. BCCL adopted voluntary retirement scheme to its female employees, and issued a circular inviting applications with the terms and conditions for employment to their dependents in their place, who had not exceeded the age of 56 years on the date of application.

3. The aforesaid two female workers, under the provisions of aforesaid scheme expressed their willingness to retire voluntarily. The Management neither considered their application on 31.5.1985 nor took any decision in the matter and consequently both of them continued to work till they attained their age of superannuation, i.e, 60 years and after such continuous service both of them retired in the year 1991.

4. On behalf of those two female workers, after their retirement, at the instance of Mazdoor Sangathan Samiti, Central Government referred the following dispute, under Sections 10(1)(d) of the Industrial Disputes Act, 1947 for adjudication before the Cent










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