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2013 DIGILAW 314 (JHR)

Parvatia No. 1 v. Central Coal Fields Ltd.

2013-03-04

APARESH KUMAR SINGH

body2013
ORDER Heard learned counsel for the parties. 2. There are three petitioners in the present writ petitions namely Parvatia No. 1, W/o Late Budhan Bedia, Etwariya Munda, W/o Late Jhari Munda and Parvatia No. 2, W/o Ritlal Ganjhu, who claim to be beneficiaries of the Award rendered on 09.11.1989 (Annexure-1) in Reference Case No. 115 of 1988 by the Central Government Industrial Tribunal No. 1, Dhanbad whereunder total of 259 workmen shown in the list contained in the Award itself, were directed to be regularized as workers of Group-III as per the provisions of NCWA-III with all consequential benefits. 3. These three petitioners submits that their names appear at Serial Nos. 55, 58 and 85 of the Award in question, but they have not been taken back in service pursuant to the said Award. 4. On the other hand, learned counsel for the respondents, on written instruction, brought on record through their counter affidavit, submit that out of 259 workmen, who were affected under the Award in the said Reference Case, 242 workmen have already been reinstated much earlier and out of remaining 17 workmen, 13 had died and 4, who are alive, in their places some ghost persons have been engaged by the Contractor without the knowledge of the management. 5. Learned counsel for the petitioner, however, submits that the respondent-management is under obligation to implement the Award and they cannot make an excuse by saying that some ghost persons have been engaged by the contractor in place of the original wagers i.e. these three petitioners in question. It, however, appears that one of the persons engaged by the Contractor namely Rajo Devi is daughter-in-law of the petitioner no. 1, who has stated she has not being allowed to work since last more than 18 years. 6. Be that as it may, the Award in question relates to the year 1989 and after challenging the same before this Court earlier, it has been implemented by granting employment to 242 workmen and 13 have been died as per the case of the respondents themselves. For the rest of them, respondents are required to consider their cases and if they are medically fit and within age of superannuation, are entitled to the benefits of such engagements in terms of the Award in question. 7. For the rest of them, respondents are required to consider their cases and if they are medically fit and within age of superannuation, are entitled to the benefits of such engagements in terms of the Award in question. 7. Learned counsel for the respondents would consider individual cases of these three petitioners, who may be directed to appear before Medical Board to ascertain their medical fitness as well as to ascertain the age of the petitioners in question whether they are entitled to be taken back in their services as being within the age of superannuation and thereafter decision would be taken by the competent authority in accordance with law. 8. In these circumstances, the writ petition is disposed of by directing the petitioners to approach the respondent no. 4, Project Officer, Gidi Washery, CCL, Hazaribagh with their individual representations for being engaged in pursuance to the Award dated 09.11.1989 in connection with Reference Case No. 115 of 1988 passed by the Central Government Industrial Tribunal No. 1, Dhanbad within a period of three weeks. In case such representations are made together with all supporting facts and documents relating to their identity, age etc., the respondent no. 4 would consider their cases and if they would be found medically fit as well as eligible in terms of the age of the superannuation, pass a speaking order for granting them the benefits of engagements in terms of the Award in question within a period of 12 weeks thereafter. 9. The petitioners would, however, be not entitled to claim backwages in the facts and circumstances of the case where they have themselves approached this Court in the year 2005 for implementation of the Award rendered on 09.11.1989. 10. Accordingly, this writ petition is disposed of in the aforesaid terms.