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2018 DIGILAW 2307 (JHR)

Ranjit Kumar, S/o Late Kamaldeb Lal v. Management of Bharat Coking Coal Limited

2018-10-23

ANIRUDDHA BOSE, B.B.MANGALMURTI

body2018
JUDGMENT : 1. The appellant was a workman with Bharat Coking Coal Limited at the material point of time and he had raised a plea for regularization in the Clerical Grade. Dispute was raised on that count and the same was referred to the Central Government Industrial Tribunal No.2, Dhanbad. The Tribunal by its award dated 27th October, 2011 had answered the reference against the workman. This award was made after the Tribunal took note of the fact that the workman had already been regularized as a Clerk in 1992 in Grade-III with effect from 14th August, 1992. Before the award was passed, however, it appears a settlement was reached upon deliberations of Joint Committee held at Sijua Area on 1st February, 1996. A copy of the settlement has been annexed at Page 15 of the Memorandum of Appeal. We find from this settlement that the Committee had recommended regularization of the workman in Clerical Grade-II notionally with effect from 14th August, 1992 i.e. from the date he was regularized in Clerical Grade-III. The workman had approached the learned First Court with prayer for his regularization in Grade-II with effect from 14th August, 1992. 2. Admitted position, however, is that the aforesaid settlement of 1st February, 1996 was not exhibited before the Tribunal by either of the parties and the Tribunal obviously could not take notice of that fact. The Tribunal proceeded on the basis that the workman having been regularized, the reference had to be answered in the negative. The fact remains that the workman has superannuated now but he seek the benefit of being in Grade-II on the strength of the settlement. 3. We do not think any purpose would be served at this stage in remanding the dispute to the Tribunal. Let the workman make a representation to the Project Officer, Sijua Area of Bharat Coking Coal Limited for giving effect to the settlement. Decision shall be taken by the Bharat Coking Coal Limited on the basis of such representation within a period of twelve weeks from the date of making of such representation upon giving the writ petitioner opportunity of being heard. 4. The decision of the learned First Court stands modified to the above extent. The appeal stands disposed of. 5. No orders as to costs.