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2012 Supreme(Jhk) 1437

R.R.PRASAD
Bharat Coking Coal Ltd. Dhanbad – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
A.K. Mehta, Amit, Amit Kr. Sinha, for the petitioner.
Manoj Kr. No. 2, APP, for the State.
Prabhash Kumar, CGC, for O.P. No. 2.

JUDGMENT

By Court.-Heard learned counsel appearing for the petitioners and learned counsel appearing for the opposite parties.

2. When the services of Govind Mahato were terminated by the Management of the Company industrial dispute was raised and whereby reference was made before the Central Government Industrial Tribunal No. 1. Dhanbad vide Reference No. 136/1991. In that case the award was passed in favour of the employee on 15th May, 2000, whereby the employer was directed to reinstate the employee in the services with 25% back wages.

Being aggrieved with that award, a writ petition vide CWJC No. 472/2001 was preferred before this Court which was admitted on 5.2.2001. Admittedly, this Court never stayed the operation of the award dated 15th May, 2000. In course of time Assistant Labour Commissioner, Central, Dhanbad, issued a notice to the petitioners to show cause as to why the prosecution be not launched on account of non-implementation of the award dated 15th May, 2000. In response to that notice, it was intimated to the Assistant Labour Commissioner, Central Dhanbad, that against the award dated 15th May, 2000, a writ application has been preferred, which has been admitted and















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