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Judgment
Deepak Roshan, J
The instant writ application has been preferred by the petitioner praying therein for quashing the Award dated 12.05.2006 passed by the Central Government Industrial Tribunal No. 1, Dhanbad in Reference Case No. 39 of 1995 (Annexure-4), whereby the learned Tribunal has answered the Reference in favour of the respondent-Union, directing the Management to reinstate and regularize the concerned workmen as permanent employees of the Management of M/s Central Coalfields Limited.
The case of the sponsoring Union in crux is that the workmen named in the terms of reference have been working in Kathara colliery of M/s. CCL since 1984 with unblemished record of service. The concerned workmen have been performing permanent nature of job continuously such as erection of electrical pole/wire keeping pace with the production installation of Pump in the open cast mines, preparation of foundation and stone walls/fencing walls etc. under the direct control and supervision of the Management.
The further case of the workmen is that the Management with malafide intention to exploit and to deprive the workmen is paying them wages which is below the rates of NCWAs in the name of intermediaries.
Learned Tribunal after appreciating the evidences of the concerned workmen and the Management and also the written statement has come to the conclusion as under:
"9.If we apply the ratio of these cases as mentioned above, I find that the management has rather failed to prove that there was any contractor and under them the concerned persons have worked for a very short period and their work was not regular, rather temporary. On the other hand, the sponsoring union has brought on record to show that the concerned persons were working in Kathara Colliery for pretty long time regularly and doing miscellaneous jobs, like, erection of electrical pole/wire, fixing pole for overhead line and doing the electric wiring over the pole, installing cables, cutting foundation for installation of pump and erection of stone walls etc. Therefore, I find that the concerned persons are the employees of the principal employer who were doing miscellaneous jobs as mentioned above under the management under its supervision and control for pretty long time and their attendance in each calendar year has been remained to be more than 240 days. Therefore, the action of the management to stop work w.e.f. 17.3.2000 without complying of sec.25-F of the I.D.Act is illegal and void abinitio and they are entitled for reinstatement and regularisation in due course of time.
In the result, I render following award:
The demand of the union for regularisation by the principal employer of Kathara Colliery of M/S. C.C.Ltd. of Mahesh Mahato and 35 others whose names find place in the terms of reference are entitled for re-instatement into service and regularisation as the permanent employees of the management of M/S. C.C.Ltd in due course. The management is directed to regularise the concerned persons as Category-1 Mazdoor within 30 days from the date of publication of the award failing which they shall be entitled for wages of Category-I on expiry of 30 days from the date of publication of the award."
Learned Counsel for the petitioner draws attention of the Court towards the order dated 10.11.2023 passed by the Hon'ble Apex Court in Special Leave Petition (Civil) Diary No(s). 34031/2023, which has relied the earlier order passed in Civil Appeal No. 1881 of 2011 and submits that even assuming but not admitting, that the Award cannot be set aside; even then, taking the claim of the workmen that they were working since 1984; now after four decades, most of them must have superannuated and if at all, not superannuated; then at least they must be on the verge of superannuation. As such, relying upon the order passed in Civil Appeal No. 1881 of 2011, wherein the Hon'ble Apex Court has granted lumpsum amount of Rs.50,000/- to each of the workmen along with Rs.1,000/- per month as subsistence allowance from the date of retrenchment till the date of superannuation; he fairly submits that since the case is still pending and during the entire period of pendency of the case, the Management is regularly paying the statutory wage as per Section 17-B of the Industrial Disputes Act to the respective workmen; as such, the instant writ application can be disposed of without going into the merits of the case by giving lumpsum amount to the respective workmen.
Learned senior counsel for the respondent-workmen submits that there is no error in the Award and the concerned workmen are employees of the principal employer and their attendance in each calendar year has remained to be more than 240 days and the Tribunal has categorically held the same in the Award.
She further submits that so far as payment of one-time lumpsum amount is concerned; this Court may decide the amount and she fairly admits that now out of 36 workmen 10 concerned workmen are already dead, detail of which has been mentioned in supplementary counter affidavit dated 30.10.2025 on behalf of the respondent. She further submits that the Management has not paid the wages payable under Section 17-B of the I.D. Act since January 2025.
Thus, in crux, though learned senior counsel for the respondent has supported the Award, however, she could not dispute the factual scenario that many workmen have already died and if not, majority must have crossed the age of superannuation i.e. 60 years, as such, she has not opposed the idea of payment of one-time lumpsum amount. In essence, she also admits the offer of settlement.
Having regard to the aforesaid discussion, this Court is of the opinion that interest of justice would be sufficed by respectfully accepting the view of the Hon'ble Apex Court given in the case of Civil Appeal No. 1881 of 2011 (The Eastern Coalfields Ltd. Vs. Union of India & Ors.) disposed of on August 31, 2023, wherein the Hon'ble Apex Court in para-8.2 has held as under:
"8.2 Taking into account that only nominal lumpsum amount was ordered to be paid, instead of Rs.7,000/- (Rupees Seven Thousand Only), we deem it appropriate that a lumpsum amount of Rs.50,000/- (Rupees Fifty Thousand Only) would be paid to each of the eligible retrenched workmen. They should also be paid monthly subsistence allowance of Rs.1,000/- (Rupees One Thousand Only) per month until they reach the age of 60 years i.e., the date of superannuation. The subsistence allowance is to be computed from the date of the Award i.e., 01.12.1998. The lumpsum amount will not carry any interest. In case of death of any workmen found eligible for relief under this order, the due amount should be remitted to the concerned legal heirs, after proper identification. It is ordered accordingly."
Accordingly, in this case also, this Court directs the Management to pay a lumpsum amount of Rs.1.25 lakh to each of the workmen. It goes without saying that so far as payment under Section 17- B of the I.D Act, 1947 is concerned, if the same has not been paid till the date of their retirement then the same shall be verified by the concerned officer and if due to some reason or the other the amount under section 17-B has not been paid as required under the law, such amount shall be paid to the workmen over and above the consolidated amount of Rs. 1.25 Lakhs.
Accordingly, the aforesaid amount shall be paid to the respective workmen as early as possible, preferably within a period of 8 weeks.
As stated by learned senior counsel for the respondent that 10 workmen have already died, therefore, the amount as indicated hereinabove be remitted to their legal heirs after proper identification.
With the aforesaid observations and directions, the instant writ application stands disposed of. The direction in the Award shall be treated as non-effective, in view the direction/compliance of payment of lump-sum amount of Rs. 1.25 Lakhs as well as payment under Section 17-B (if not already paid), to each of the concerned workmen and/or their legal heirs, as indicated hereinabove.