Advocates:
['MOHUA PALIT', '', 'S C ROY', 'LEENA MUKHERJEE', 'AMIT KUMAR DAS', '', 'ARBIND KUMAR']

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(L) No.3775 of 2018

....

Pankaj Chauhan

.…

Petitioner

Versus

1. Central Coal Field Limited through Chairman-cum-Managing Director, Ranchi,

Jharkhand

2. General Manager (KTA), CCL, P.O. & P.S. Kathara, Distt. Bokaro, Jharkhand

3. Staff Officer (Personnel), Kathara, P.O. & P.S.-Kathara, Distt.-Bokaro, Jharkhand

4. Project Officer, Jarandih Colliery, P.O.-Jarandih, P.S.-Bokaro Tharmal,

Distt.-Bokaro, Jharkhand

.... Respondents

....

CORAM:

HON’BLE MR. JUSTICE RAJESH KUMAR

For the Petitioner

: Ms. M.M.Pal, Sr. Adv.

Ms. Rukmini Kumari, Adv.

Ms. Mohua Palit, Adv.

For the Respondents

: Mr. Amit Kr.Das, Adv.

Mr. Arbind Kumar, Adv.

....

12/02.11.2022

It appears that a reference has been made in following terms;

“Whether the action of the management of Jerangdih Collieary CCL in

refusing to regularise and make payment a per NCWA-III to the following

workmen on the basis of working on jobs which are permanent and perennial

in nature is justified? If not, to which relief are the workmen are entitled to? (1)

Sri Putan Chouhan (2) Shankar Chouhan (3) Chakravorty Sonar (4) Bihar

Singh (5) Sukar Gope (6) Vijay Paswan (7) Lalu Ram (8) Rajesh (9) Madan

Gope (10) Kishore kumar (11) Phagu Singh Yadav (12) Md. Ekram. (13)

Manoj Kumar (14) Krishna Chauhan (15) Anup Kumar and (16) Vishwajit

Ash.”

The reference has been answered in favour of the workman. It has been

implemented for some workman and could not be implemented for some of the

workman including late Krishna Chauhan.

It further appears that the award has been passed in favour of the

workman and the same has attained finality. There is no dispute so far as finality of

the award is concerned. The concerned workman has died after the passing of the

award i.e. on 30.3.2001 while the award is dated 06.08.1996.

To resolve the issue, a Co-ordinate Bench of this Court has passed an

order on 17.08.2021 which is quoted hereinunder:-

“The respondent- CCL will file an affidavit stating therein as to what

monetary benefit would have been accrued to Krishna Chauhan, if he would

have been regularized in terms of Award dated 6.8.1996 alongwith 50%

backwages, as granted in the award till his death, which is dated 30.3.2001.

The respondent will also furnish information as to what monetary benefits is

being accrued on account of death of Krishna Chauhan, The respondent will

quantify the said amount and will inform this Court.

List this case after four weeks.”

Both the parties have agreed to the point that Award has to be

implemented. There is no dispute so far as Award is concerned.

In view of above facts and the peculiar facts of this case, the matter is

being disposed of making following directions:-

I.

The matter is remitted back to the Labour Court to monetize the

award so far as Late Krishna Chauhan is concerned under Section

33 C (2) of the Industrial Dispute Act, 1947 within four months

from the date of receipt/production of a copy of this order.

II.

On such monetization, the Respondent-CCL is directed to deposit

the said amount before the Labour Court within six weeks from

the date of passing of the order under Section 33 C (2) of

Industrial Dispute Act, 1947.

III.

The concerned successor is at liberty to withdraw the same on

producing the succession certificate to be issued by the competent

Civil Court.

With above observation and direction, the present writ petition stands

disposed of.

(Rajesh Kumar, J.)

Shahid/