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2002 DIGILAW 1181 (JHR)

Dy. Chief Mining Engineer, North Tisra Colliery, Bcc Ltd. v. Mathura Paswan

2002-11-25

GURUSHARAN SHARMA, R.K.MERATHIA

body2002
ORDER 1. After nationalization and take over of North Tisra Colliery by M/s. Bharat Coking Coal Limited, Dhanbad, with effect from 1.5.1972, the management introduced uniform policy to pay Category I wages to all the workers. Ten Clay Cartridge Mazdoors of North Tisra Colliery, including Rain Swamp Paswan, deceased father of the respondent No. 1 raised industrial dispute and the Central Government referred the following dispute to the Central Government Industrial Tribunal No. 2, Dhanbad, under Section 10 of the Industrial Disputes Act, 1947. Whether the demand of the workmen of North Tisra Colliery of M/s. Bharat Coking Coal Limited, PS Khas Jeenagora, District Dhanbad that the management should treat Sarvashri Ram Swarup Paswan, Hira Yadav, Sushila Ravidasin, Rohan Rajwar, Be-hari Bhuiya, Ganesh Bhuiya, Jogish Bhuiya, Sadhu Bhuiya, Suraj Narayan and Hari Narayan Singh, Clay Cartridge Mazdoors as their workmen and that they should be paid Category I wages is justified? If so, to what relief are the said workmen entitled and from that date?" 2. The Tribunal gave award dated 9th February, 1981 to the effect that those Clay Cartridge Mazdoors were entitled to be paid Category I wages and treated as workmen of North Tisra Colliery with effect from 1.5.1972 and as such the difference of Category I wages be paid to them. The said award was confirmed by this Court on 27th May, 1988, vide CWJC No. 1134 of 1981(R). 3. Ram Swarup Paswan died in harness on 6.9.1997, while working as Clay Cartridge Mazdoor. During his life time in 1993, he had approached the management for giving benefit of Clause 10.4.3 and give employment to his son, Mathura Paswan. His request was rejected on 22/27.1.1993. After death of his father, Mathura Paswan filed CWJC No. 1529 of 1999(R) in this Court for directing the respondents to implement order dated 27.1.1993 passed in CWJC No. 1134 of 1981(R) as well as the aforesaid award dated 9.2.1981, which was disposed of on 15.3.2001 with the following observations and directions. "The respondent B.C.C.L. can not deny its liability in terms of the Award so far the petitioner is concerned on the ground that the concerned employee has not approached the authority within a reasonable time. The submission of Mr. "The respondent B.C.C.L. can not deny its liability in terms of the Award so far the petitioner is concerned on the ground that the concerned employee has not approached the authority within a reasonable time. The submission of Mr. Mehta cannot be accepted for the simple reason that the prayer of the petitioner has been rejected only on the ground that he was not the worker of the Colliery, in question, which is contrary to the findings recorded by the Industrial Tribunal. Accordingly, for the reasons stated hereinabove, the respondent authority is directed to implement the award in toto and pay the monetary benefits arising therefrom to the petitioner concerned forthwith since the employee has died in the year 1997." 4. The Deputy Chief Mining Engineer and General Manager of North Tisra Colliery, Lodhana area have filed the present Letters Patent Appeal, challenging the aforesaid order of the learned Single Judge. 5. Mr. Mehta counsel for the appellants, in course of argument, accepted that the award dated 9th February, 1981 was implemented in toto so far as nine Clay Cartridge Mazdoors were concerned and consequently, they were paid difference of wages of Category I with effect from 1.5.1972. His further submission is that Ram Swarup Paswan, late father of respondent No. 1 did not approach the respondent-authority for implementation of the award within a reasonable time and as such respondent No. 1 was not entitled to any relief in terms of the award, passed by the Industrial Tribunal. It was further submitted that the appellants have not ascertained as to whether the respondent No. 1 was the son of the late Ram Swarup Paswan. 6. We find no substance in the aforesaid submission for the reason that it is not in dispute that Ram Swarup Paswan, father of respondent No. 1 was working as Clay Cartridge Mazdoor. In the award in question also his name figured as one of the Clay Cartridge workers entitled to receive the benefit of Category I wage and it is admitted that the said award was implemented in toto. In our view Ram Swarup Paswan was not required to approach the management for payment of the difference of wages, pursuant to the aforesaid award, rather it was for the management to pay the same. No doubt on the ground that he was sick. In our view Ram Swarup Paswan was not required to approach the management for payment of the difference of wages, pursuant to the aforesaid award, rather it was for the management to pay the same. No doubt on the ground that he was sick. Ram Swarup Paswan had filed a petition with request that in his place his son be given appointment under Clause 10.4.3 of National Coal Wages Agreement IV, but the said petition was rejected during his lifetime and now a lame excuse for nonpayment of the difference of wages is being taken by the appellants that respondent No. 1 has not been identified as yet as his son. It is not the case of the appellants that late Ram Swarup Paswan had not worked from 1.5.1972 onward till his death on 6.9.1997. 7. In such circumstance, we find no reason to interfere with the impugned order. However, it is made clear that for the period during which late Ram Swarup Paswan had worked and was paid the wages of Clay Cartridge Mazdoor, only difference of wages for the said period is required to be paid to his son. 8. This appeal is disposed of with the above observation /direction. No costs.