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2003 Supreme(Jhk) 1304

P.K.BALASUBRAMANYAN, TAPEN SEN
BHARAT COKING COAL LTD. – Appellant
Versus
THEIR WORKMEN – Respondent


Advocates Appeared:
A.K.MEHTA

Judgment :

( 1 ) THIS appeal under Clause 10 of the Letters patent by the management challenges the order of the learned Single Judge dated December 3, 2002 passed in W. P. (L) No. 5447 of 2001. That writ petition was filed by the appellant, the management, challenging an award passed by the Central Government Industrial Tribunal no. 1 at Dhanbad on a reference to it of the following questions:"whether the action of the management of loyabad Colliery of BCCL, P. O. Bansjora, the services of S / Sh. Uday Nand Jha and 46 other stone cutters (as per list annexed) is justified? If not, to what relief are the concerned workmen entitled?"the award held thus:"the action of the management of Loyabad colliery of BCCL in not regularising the concerned persons as permanent employees is not justified, consequently, they are entitled to be regularised as permanent employees of the BCCL in Loyabad colliery and are entitled to the wages as per ncwa without back wages. They are ordered to be regularised within 30 days from the date of publication of the Award failing which they shall be entitled to the wages as per NCWA from the date of publication of this Award. "

( 2 ) THE writ petition filed by









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