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Judgment
Amareshwar Sahay, J.—In answer to reference made to it the Central Government Industrial Tribunal No. 2, Dhanbad in Reference Case No. 13 of 1989 held that the concerned workmen were entitled for their reinstatement in service. Accordingly the management of the B.C.C.L. was directed to reinstate all the concerned workmen. However, in the circumstances of the case, no order for back wages was passed by the Tribunal.
The said award of the Industrial Tribunal was challenged by the Management of B.C.C.L., particularly challenging the order of reinstatement by the tribunal by filing C.W.J.C No. 1419 of 1994 (R). The said very award of the tribunal has also been challenged by the concerned workman against the finding of the tribunal that the workmen were not entitled to back wages after reinstatement by filing the present writ application.
The writ application filed by the Management of B.C.C.L. i.e. C.W.J.C. No. 1419 of 1994 (R) has been allowed vide judgment dated 16.9.2002, by setting aside the order of the Industrial Tribunal in Ref. Case No. 13 of 1989 directing the management to reinstate the concerned workmen.
Since the order for reinstatement of the concerned workmen itself has been set aside in the aforesaid writ application, therefore, the question of payment of back wages as prayed for in the present writ application now does not survive.
Mr. M.K. Laik learned counsel for the petitioner does not dispute this fact.
Accordingly this writ application is dismissed.