High CourtsDivision Bench(2006) 02 JH CK 0061

Employers in relation to the Management of Dhansar Colliery of Kusunda Area of BCCL vs The Presiding Officer, Central Govt. Industrial Tribunal No. 2 and Others

Jharkhand High Court · Decided on 2 February 2006 · Citation: (2006) 1 JCR 416

HON’BLE JUDGES
N. Dhinakar, C.J · M.Y. Eqbal, J
CASE NUMBER
Letters Patent Appeal No. 49 of 2004

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Judgment

5 paragraphs · 244 words
1.

The petitioner in the writ petition is the appellant. It challenged the award of the Industrial Tribunal, Dhanbad in Reference Case No. 81 of 1998. The award was as follows :

Accordingly the concerned workman must be reinstated to his service. However, after reinstatement he may be directed to submit his Overman certificate if the. Bye-laws to that effect has already been amended in view of the Gazette Notification referred to above. In the result, the following Award is rendered :

The action of the management of Dhansar Colliery under Kusunda Area of BCCL by stopping Shri Kishore Kumar, Sr. Overman from his work since 22.3.1996 is not justified. Consequently, the concerned workman is entitled to get reinstatement with full back wages from the date of his adoption of work to the date of his reinstatement with other consequential benefits.

2.

The learned Single Judge, holding that the scope of interference with the findings of facts arrived at on the basis of the materials on record is very limited in the writ jurisdiction, dismissed the writ petition, but with the modification that to meet the ends of justice, the workman can be paid 25% of full back wages, instead of full back wages as per the award.

3.

After going through the impugned order, we find no illegality or irregularity in the order dated 11.12.2003 passed by the learned Single Judge in WP (L) No. 1116 of 2003. The appeal is disposed of.