ORDER :

1. The factual as well as the legal aspects are same and similar and as such both the writ applications are being considered and disposed of by this common order.

2. Heard Mr. Rajesh Lala, learned counsel for the petitioner in both the writ applications and Mr. Manoj Kumar Sah, learned counsel for the respondent No. 2 in W.P.(L) No. 4486 of 2004. No one appears on behalf of respondent No. 2 in W.P.(L) No. 4387 of 2004 in spite of valid service of notice.

3. In W.P.(L) No. 4486 of 2004, the petitioner is aggrieved by the order dated 09.08.2002 passed in LC Application No. 5 of 1999 by the learned Presiding Officer, Central Government, Industrial Tribunal-cum-Labour Court at Asansol, whereby and whereunder, the application u/s 33-C (2) of the Industrial Disputes Act, 1947 filed by the respondent No. 2 has been allowed and the petitioner has been directed by the respondent No. 1 to 2. make payment of Rs. 48,000/-to the respondent No. 2, subject to deduction towards legal contributions.

4. In W.P.(L) No. 4387 of 2004, the petitioner is aggrieved by the order dated 09.08.2002 passed in LC Application No. 6 of 1999 by the learned Presiding Officer, Central Government, Industrial Tribunal-cum-Labour Court at Asansol in which the application u/s 33-C (2) of the Industrial Disputes Act, 1947 filed by the respondent No. 2 has been allowed and the petitioner has been directed by the respondent No. 1 to make payment of Rs. 60,000/-to the respondent No. 2, subject to deduction towards legal contributions.

5. The case of the workmen (respondent No. 2 in both the writ applications) is to the effect that they were employed as Pit Clerk and Foreman (E&M) respectively at Rajmahal Group of Mines who by an office order dated 25/27.05.1998 were transferred to Kalidas Project under Satgram Area. Both had reported for duty at Satgram Area but they were not permitted and subsequently a modified order of transfer was issued vide office order No. ECLCMD/C-6B/AG/1513 dated 05.12.1998 in which they were posted at S.P. Mines. It is the case of the workmen that they had reported for duty at S.P. Mines but there also they were not allowed and ultimately both had approached the G.M. (Personnel), ECL at Sanctoria, consequent to which on 28.01.1999 a revised order was issued keeping the earlier orders of transfer in abeyance till further order and ultimately, the Chief General Manager of Rajmahal Area had requested to allow them to join for duty and ultimately both the workmen had reported for duty at Rajmahal Group of Mines on 01.02.1999. The workmen claim that they had to remain idle from June, 1998 to January, 1999 without there being any fault and no wages were paid to them for the said period. The respondent No. 2 in W.P.(L) No. 4486 of 2004 had claimed wages of Rs. 48,000/-, whereas the respondent No. 2 in W.P.(L) No. 4387 of 2004 has claimed wages to the tune of Rs. 60,000/-. Such claims were made by the workmen concerned by filing separate applications u/s 33-C (2) of the Industrial Disputes Act, 1947.

6. The management on being noticed had submitted its written statement in which it was stated that the workmen were transferred on administrative grounds initially to Kalidaspur Project under Satgram Area and after their release when their joining were not accepted under Satgram Area, their cases were referred to the Headquarter which issued a fresh order for their posting at S.P. Mines but there also the workmen concerned were not allowed to join and ultimately the G.M. (P&IR), Sanctoria issued an order for their reposting at Rajmahal Area and as the transfer was made on administrative ground which was serious in nature their joining was not accepted at Rajmahal Area also. It is the case of the management that the matter was taken up at the level of Director (Personnel) and considering the situation prevailing both the workmen were allowed to join at S.P. Mines. The management further asserts that the claim for idle wages made by the workmen concerned