The Industrial Tribunal must respect procedural compliance and the distinction between discharge connected to ongoing disputes and removal for misconduct, as outlined in the Industrial Disputes Act.

JUDGMENT :

Anubha Rawat Choudhary, J.

These Letters Patent Appeals have been filed against the common judgment dated 16.08.2022 passed in W.P.(L) No.7699 of 2017 and analogous cases whereby and whereunder the writ petitions filed by the appellant(s) (hereinafter referred to as the workmen) have been dismissed. The workmen had filed different writ petitions which were decided by a common judgment impugned in these Appeals.

2. L.P.A. No. 522 of 2022 arises out of W.P.(L) No.1165/2018 in which the appellant is the widow of the workman namely, Late Devi Ram Manjhi. The appellant was also the writ petitioner. L.P.A. No. 524 of 2022 arises out of W.P.(L) No.1474/2018 in which the appellant is the son of the workman namely, Late Bisheshwar Tirkey. The appellant was also the writ petitioner. In L.P.A. No. 564 of 2022, the appellant-Karan Yadav is the son of the workman namely, Ramlal Yadav who was the writ petitioner in W.P.(L) No.6685/2017. During pendency of the writ petition, he died on 15.12.2020. The appellant has filed I.A. No.6754/2023 seeking substitution which has been allowed vide order dated 28.08.2023.

3. The writ petitions were filed, inter alia, for quashing the Award dated 21.04.2017 passed by the learned Presiding Officer, Central Government Industrial Tribunal No.1, Dhanbad in Complaint Case No. 06/2013 (arising out of Reference No.58 of 1992) initiated on an application filed by the workmen under section 33-A of the Industrial Disputes Act, 1947 whereby and whereunder the management was directed to remove all the workmen who were in employment on the basis of the Memorandum of Settlement, pending enquiry. Further prayer was made for quashing the notices dated 07.09.2017 / notice dated 14.09.2017 in L.P.A. No. 524 of 2022 (arising out of W.P. (L) No. 1474 of 2018) issued pursuant to the aforesaid Award dated 21.04.2017 removing the workmen from their services. The workmen also prayed for reinstatement with all consequential benefits.

4. The foundational facts involved in this batch of Letters Patent Appeals are as under:

(i) The concerned workmen claim to have been engaged by a Contractor working for the Central Coalfields Limited (hereinafter referred to as CCL) to carry out the work of slurry removal in the Swang Washery of the Kargali Colliery under CCL. The notification for abolishing contract labour in the field of removal of slurry in washery of CCL was issued on 11.12.1990. The workmen through their association namely, Thekedar Mazdoor Union (hereinafter referred to as “the union”) sought absorption of the contract labourers in the regular establishment of CCL. Ultimately, the Central Government vide order dated 29.07.1992, referred the following dispute to the Industrial Tribunal for adjudication along with a list of workmen:

“Whether the action of the management of Swang Washery of M/s. C.C. Ltd., P.O. Swang, Dist. Giridih in denying the absorption of these workmen who are working as contract labour is justified? If not, to what relief are the workmen entitled to?”

(ii) The case was registered as Reference Case No.58 of 1992. The Industrial Tribunal passed its final Award dated 03.10.1996 directing CCL to absorb the concerned workmen in the regular establishment and pursuant thereto, a list of contract labourers to be absorbed was enclosed to the Award. The Award was unsuccessfully challenged by CCL and ultimately, the Hon’ble Supreme Court confirmed the Award vide order dated 30.08.2001 passed in Civil Appeal No.6023 of 2001 (arisin