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2012 Supreme(Jhk) 1208

APARESH KUMAR SINGH
Employers in relation to the Management of Rajrappa Coal Washery of Central Coalfields Limited – Appellant
Versus
Presiding Officer, Central Government Industrial Tribunal No. 1, Dhanbad – Respondent


Advocates Appeared:
For the Petitioner: M/s Ananda Sen, Amit Kr. Verma & Kaushal Agarwal
For the Respondent: M/s M.M. Pal & M. Palit

JUDGMENT

Heard counsel for the parties.

2. The award dated 25.10.2000(Annexure-5) passed by the Presiding Officer, Central Government Industrial Tribunal No. 1, Dhanbad in reference case no. 2 of 1993 is under challenge by the management- petitioner whereby while answering the reference in favour of the workmen, learned Tribunal has held that the action of the management in not regularizing Sri Kartik Mahto and 160 other in the permanent employment of the management is not justified and the concerned persons named above are entitled for regularization within 30 days from the date of publication of the award failing which the concerned persons shall be entitled for wages from the date of this award as prescribed under N.C.W.A with interest at the rate of 12 ½ % per annum.

3. The reference in the instant case was made by the Central Government in exercise of the power conferred under Section 10 2A(1)(d) of the Industrial Disputes Act, 1947 for adjudication before the Central Tribunal in the following terms:

“Whether the action of the management of Rajrappa Coal Washery of M/S C.C.L. in not regularizing S/Shri Kartik Mahato and 160 other workers is legal and justified? If not, what relie










































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