Employers in relation of the Management of Bhagaband Colliery of M/s. Bharat Coking Coal Ltd. vs Their Workmen being represented by Sri D. Mukherjee s/o not known to the appellant, Bihar Colliery Kamgar Union

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2014 Supreme(Jhk) 648

R.BANUMATHI, SHREE CHANDRASHEKHAR
Employers in relation of the Management of Bhagaband Colliery of M/s. Bharat Coking Coal Ltd. – Appellant
Versus
Their Workmen being represented by Sri D. Mukherjee s/o not known to the appellant, Bihar Colliery Kamgar Union – Respondent

Advocates Appeared:
For the Appellant (In both cases) : Mr. Anop Kumar Mehta
For the Respondent (In both cases): Mr. Sarju Prasaad

JUDGMENT

R. Banumathi, C.J.

LPA No.368/2013 arises out of the order dated 25.9.2013 passed in CWJC No.1140/1994(R) confirming the award dated 14.8.1992 passed by the Central Government Industrial Tribunal in Reference Case No.110/1990 directing departmentalization of the workmen as General Mazdoor in Category-I and pay them back wages as per NCWA. LPA No.371/2013 arises out of the order dated 25.9.2013 passed in

CWJC No.3109/1998(R) confirming the order dated 7.9.1998 passed by the same Tribunal in Misc. Case No.1/1998 identifying only 36 workmen as beneficiaries of the award dated 14.8.1992 rendered in Reference Case No.110/1990.

2. The case of the respondent-workmen is as follows:-

One Jogeshwar Singh and other concerned workmen had been working as permanent underground workmen at Bhagaband Colliery of Kendwadih Section since long and they had been performing the jobs of underground stone-cutters regularly and continuously. On some occasions, they also performed other permanent nature of underground jobs such as making duggies for roof supporting and lime packing. The concerned workmen were permanent employees of the Management; but they were stopped from duty in violation of the

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2014 Supreme(Jhk) 648

R.BANUMATHI, SHREE CHANDRASHEKHAREmployers in relation of the Management of Bhagaband Colliery of M/s. Bharat Coking Coal Ltd. – AppellantVersusTheir Workmen being represented by Sri D. Mukherjee s/o not known to the appellant, Bihar Colliery Kamgar Union – Respondent

Cases Referred (4)

R.BANUMATHI, SHREE CHANDRASHEKHAR
Employers in relation of the Management of Bhagaband Colliery of M/s. Bharat Coking Coal Ltd. – Appellant
Versus
Their Workmen being represented by Sri D. Mukherjee s/o not known to the appellant, Bihar Colliery Kamgar Union – Respondent