Employers In Relation To The ... vs The Presiding Officer
2022 Latest Caselaw 2854 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
               (Letters Patent Appellate Jurisdiction)

                            L.P.A No. 746 of 2015

Employers in relation to the Management of Rajrappa Washery of Central
Coalfields Limited                                      ......Appellant
                                   Versus
The Presiding Officer, Central Government Industrial Tribunal No.1,
Dhanbad & Anr.                                       ... Respondents

                                    With
                            L.P.A No. 764 of 2015

Employers in relation to the Management of Rajrappa Washery of Central
Coalfields Limited                                      ... Appellant
                                   Versus

The Presiding Officer, Central Government Industrial Tribunal No.1,
Dhanbad & Anr.                                       ... Respondents
                            ---------------

CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE RATNAKER BHENGRA

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For the Appellant : Mr. Amit Kumar Das, Advocate [in both cases] For the Respondents : Mr. Sunil Kumar, Advocate [in both cases]

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Order No. 13 / Dated: 26th July 2022

LPA No. 746 of 2015 has been filed against the common order dated 13th August 2015 passed in CWJC No. 1619 of 2001. LPA No. 764 of 2015 has been filed against the same common order passed in CWJC No. 1617 of 2001.

2. Both the writ petitions were filed challenging award dated 18 th September 2000 passed in Reference Case No.02 of 1994 with Reference Case No.59 of 1992.

3. The award prepared in the aforesaid reference cases held action of the management of Rajrappa Washery of Central Coalfields Limited (hereinafter referred to as 'CCL') in not regularising the services of workmen not justified. The writ Court by an elaborate judgment rejected

with LPA No. 764 of 2015

the challenge to the common award dated 18 th September 2000 holding as under:

"16. In that view of the matter, I am of the considered view that even if the engagement of the petitioners were illegal/irregular and violative of Arts 14 and 16 of the Constitution, at the initial stage, the case of the petitioners is fully covered by the decision of the Hon'ble Apex Court in ONGC Ltd., (Supra), wherein the Hon'ble Apex Court has quoted with approval the law laid down in Ajaypal Singh's Case, reported in (2015) 6 SCC 321, that the provisions of the Industrial Dispute Act and the powers of the Industrial and Labour Court provided therein were not at all under consideration in Umadevi (3) case. This apart, in the similar circumstances, the workmen of Giddi Coal Washery under the same management, who were also denied the same relief, have been given the benefit of regularisation of services which has been upheld up to the Hon'ble Apex Court, as discussed above."

4. We are informed that during pendency of the writ petitions execution of the award was stayed by the writ Court and an order under section 17-B of the Industrial Disputes Act was passed. However, the order passed under section 17-B was set-aside by the Letters Patent Court in LPA No.01 of 2009.

5. Our attention has been further drawn to the order dated 26 th July 2016 passed in the present proceeding when the following order was passed by this Court:

"After hearing learned counsel for both the sides, we are of the view that certain vital issues have cropped up for adjudication, therefore, admitted.

List main appeals on their usual turn.

Meanwhile operation of the joint award dated 18th September, 2000 arising out of two Reference Case Nos.59/1992 and No.02/1994 shall remain stayed.

I.A No. 6919/2015 and I.A No. 7042/2015 shall stand allowed as prayed for."

6. We have heard Mr. Amit Kumar Das, the learned counsel for CCL and Mr. Sunil Kumar, the learned counsel who appears for the private respondents in these two appeals.

7. After arguing for some time, Mr. Sunil Kumar, the learned counsel states that on account of efflux of time the concerned workmen/their legal heirs may agree for compensation to the tune of Rs.7 lacs to each one of them.

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8. Let an affidavit in this regard be filed by the concerned workmen through their representative.

9. Response to the aforesaid proposal shall be placed on affidavit by CCL.

10. Post these matters on 25th August 2022.

(Shree Chandrashekhar, J.)

(Ratnaker Bhengra, J.) R.K.