Employers in relation to the Management of Rajmahal Project: Lalmatia under Rajmahal Area of M/s. Eastern Coalfields Limited, Through its General Manager [I/C], Akhilesh Pandey, S/o. Late Sushil Pandey v. Their Workman, Represented by Bhartiya Coal Dump Mazdoor Sangh
2024-07-03
ANUBHA RAWAT CHOUDHARY
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DigiLaw.ai
JUDGMENT : Anubha Rawat Choudhary, J. Learned counsel for the parties are present. 2. W.P. (L) No. 2144 of 2015 has been filed for the following reliefs: - (a) For setting aside/ quashing of the part of the impugned Award dated 24th of December, 2014 passed in Reference No. 323 of 2000 [Annexure-3] by Learned Shri Ranjan Kumar Saran, Presiding Officer of the Central Government Industrial Tribunal [No.1] at Dhanbad in favour of the Respondent [Their Workman], whereby and where under "it has been directed to the Management of Rajmahal Project under Rajmahal Area of Eastern Coalfields Limited to pay a sum of Rs.80,000/- to each workman within 2 months from the publication of the Award in the Gazette. In case the workman died in the meantime his LRs be paid the said amount within the above stipulated period, after proper identification, which is beyond the term of reference." 3. W.P. (L) No. 4272 of 2021 has been filed for the following reliefs:- “That this application is being filed against the award dated 24.12.2014 passed by learned Central Government Industrial Tribunal (no.1) Dhanbad in reference case no. 323/2000 by which the reference sent by the central government ministry of labour in exercise of power conferred u/s 10 (section-1)(d) and (2)A of the Industrial Dispute Act regarding prayer of the petitioner union, from Management of Raj Mahal Project of Eastern Coal field Ltd., Lal Matiya Godda, for considering 84 workmen, engaged under contractor under the Principal Employer Eastern Coal field Ltd. since 1986, for their permanent absorption in Eastern Coal Field Ltd. has been rejected in most illegal and arbitrary manner. ii. For issuance of a writ(s), order(s) and/or direction(s) including a writ of certiorari for quashing of award dated 24.12 2014 (Annexure 4) passed by Learned Central Government Industrial Tribunal (no. 1) Dhanbad in reference case no. 323/2000. iii. For issuance of a writ(s), order(s) and/or direction(s) including a writ of mandamus directing the respondents for permanent absorption / to regularise the services of 84 labourers/workmen engaged by respondents contractor to work for respondent Eastern Coal Field Ltd., Lal Matiya Godda as they are regularly working since 1986 and are entitled for their permanent absorption with ECL. iv. That the respondents may be directed to make payment of wages to the labourers in pursuance of government decision bearing reference case no.
iv. That the respondents may be directed to make payment of wages to the labourers in pursuance of government decision bearing reference case no. 501 dated 01.06.2013 i.e. recommendation made be higher power committee and accepted by Eastern Coal Field Ltd. v. That the respondents may be directed to make payment of all the legitimate admissible amount to the workmen including PF, HRA (House Rent Allowance), medical, D.A. and other facilities. vi. For the issuance of such other writ, order or direction as may appear just and proper for doing conscionable justice to the petitioner in the facts and circumstances of the case. 4. Both these writ petitions have been filed against the Award dated 24.12.2014 passed in Reference Case No. 323 of 2000 meaning thereby the management as well as the workmen are aggrieved by the Award. 5. The learned counsel for the parties jointly submit that though the Award reflects that evidences, both oral and documentary were led but the Award is a cryptic Award in as much as it does not discuss the materials to come to a finding. The learned counsels have submitted that the Award be set aside and the matter be remitted back to the Central Government Industrial Tribunal No. 1 for fresh adjudication on the basis of materials which are already available on record. The learned counsels have also relied upon an order passed by this Court in W.P. (L) No. 6053 of 2018 wherein the Award passed by the same Central Government Industrial Tribunal No. 1, Dhanbad has been set aside and the matter has been remitted back to the Court on similar grounds. 6. After hearing the learned counsel for the parties and considering the facts and circumstances of this case this court finds that the dispute was referred to the learned Tribunal for adjudication vide Notification dated 25.10.2000. The terms of Reference are as follows:- “Whether the demand of the Union from the Management of Rajmahal Project of Eastern Coalfields Ltd. Lalmatia Godda for considering the 84 workman (as per list) engaged under contractors for the last 13 years for permanent absorption in the company is justified? If so, to what relief are the workman entitled and from what date.” 7. The Annexure to the schedule contained the list of 84 persons.
If so, to what relief are the workman entitled and from what date.” 7. The Annexure to the schedule contained the list of 84 persons. The impugned Award reflects that the management had filed written statement and workmen’s document were marked exhibit and one witness was examined on behalf of the workmen. This court finds that the learned Tribunal has ultimately directed the management to pay a sum of Rs. 80,000/- to each workman within two months from the date of publication of the Award and there is no discussion much less any finding with regard to the genuineness of the claim of one or the other workmen. In paragraph no. 7 of the impugned Award the Tribunal has straightway recorded that there was no dispute that the workmen have not been rendering service to the management yet an Award of Rs. 80,000/- to each worker was awarded. 8. After going through the impugned Award this court finds that the same is cryptic and cannot be sustained in the eyes of law and calls for interference under Article 226 of the Constitution of India. Under similar circumstances this court had set aside the Award passed by the same tribunal in W.P. (L) No. 6053 of 2018 vide order dated 08.04.2024. 9. Consequently, the impugned Award is hereby set aside and the matter is remitted back to the Central Government Industrial Tribunal No. 1, Dhanbad for passing a fresh Award on the basis of the materials which are already available on record. 10. The parties to appear before the learned Tribunal on 05.08.2024. 11. Upon their appearance fresh Award, be passed in accordance with law within a period of two months thereafter. 12. Accordingly, both the writ petitions stand disposed of.