Employers in relation to the management of P.B. Area of M/s Bharat Coking Coal v. Their workman being represented by Sandhu Sharan Prasad, son of late D. Prasad, General
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(L) No. 274 of 2016 Employers in relation to the management of P.B. Area of M/s Bharat Coking Coal Ltd., P.O. Kusunda, P.S. Putki, District – Dhanbad through Sri Jitendra Malik, son of late Bikram Singh Malik, Acting General Manager, P.B. Area of M/s. Bharat Coking Coal Ltd., P.O. Kusunda, P.S. Putki, District – Dhanbad. Petitioner … … Versus Their workman being represented by Sandhu Sharan Prasad, son of late D. Prasad, General Secretary, Jharkhand Janta Mazdoor Union, resident of Qr. No.1/A- 373, Koyla Nagar, P.O. Koyla Nagar, P.S. Saraidhela, District … Respondents Dhanbad, PIN 826001. … --- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY For the Petitioner BCCL ---
Legal Reasoning
: Mr. Anoop Kumar Mehta, Advocate : Mr. Manish Kumar, Advocate : Mr. Pratyush, Advocate : Mrs. Pratibha Mahto, Advocate 07/13th June 2024 This writ petition has been filed for setting aside the award dated 11.06.2014 passed by learned Central Government Industrial Tribunal No. 1 at Dhanbad passed in Reference Case No. 80 of 2000 (Annexure – 4) whereby the learned tribunal has been pleased to answer the reference by directing the widow Smt. Geeta Devi to give monetary compensation in lieu of compassionate appointment from 19.12.2012, the day she appeared before the learned tribunal to file her case. 2. Learned counsel for the petitioner while assailing the impugned award has submitted that the impugned order cannot be said to be an award in the eyes of law inasmuch as the award is a cryptic and there is no discussion with regard to the objection raised by the petitioner before the learned Industrial Tribunal in the written statement and there is not discussion about any evidence in the impugned award. Learned counsel for the petitioner submits that it was a specific case of the petitioner before the learned tribunal that Smt. Geeta Devi was not the widow of the ex-employee and his wife had expired long back. 3. Learned counsel has relied upon an order passed by this Court in W.P.(L) No. 6053 of 2018 decided on 08th April 2024 and has submitted 1 that under similar circumstances cryptic award has been set aside by this Court. 4. After hearing the learned counsel for the petitioner, this Court finds that by the impugned order, two reference cases were decided. One is Reference Case No. 80 of 2000 and another is Reference Case No. 144 of 2000. The terms of reference are as follows:- Ref. No. 80 of 2000:- Order No. L 20012/352/1999IR(C-I) dt. 28.01.2000 “Whether the demand of Jharkhand Janta Mazdoor Union from the management of Gopalichuk Colliery, under P.B. Area of M/S BCCL to provide employment to Smt. Gita Devi, W/O Late Kishun Nonia on compassionate ground under clause 9.3.0 of NCWA – 4 is justified? If so, to what relief Smt. Gita Devi is entitled?” Ref. No. 144/2000:- Order No. L20012/503/99 IR(C-I) dated 01/03/2000 “Whether the refusal of the management of P.B. Area of M/S BCCL to provide compassionate appointment to the dependent son of late Kishun Nonia is proper and justified? If not, to what relief is the dependent son of the deceased workman entitled?” 5. With respect of Reference case no. 80 of 2000, the learned Industrial Tribunal relating to the claim of compassionate appointment to the wife the learned tribunal has directed that she would be entitled for monetary compensation in lieu of job form the date she had approached the learned tribunal. 6. The first and second paragraph of the award mentions about the point involved in the case as to whether the widow of the workman is entitled for compassionate appointment. The fourth paragraph deals with the claim of the son of the deceased-workman and, thereafter, conclusions /findings of the learned tribunal are in para – 5 and 6, which is quoted as under: - “5. After a long lapse of time, the widow again appeared in this case, wanted to redress her grievance and her case is opened on 19.12.2012. At the same time in other case Ref. No. 144 of 2000 the son of the workman neither appeared nor put forth his claim. Hence Ref. No. 144 of 2000 is ordered as No Dispute award. 2 6. During hearing of the case learned counsel for the widow of the workman, in this case submitted that the widow Smt. Gita Devi is 55 to 56 years now, and she may not be able to work, hence she be given monetary compensation in lieu of job form the date 19.12.2012, the day she came to the Tribunal to fight her case diligently. Accordingly, it is ordered to give monetary compensation to Smt. Gita Devi from 19.12.2012 as per norms.” 7. Section 2 (b) of the Industrial Disputes Act defines an award, which reads as under: - “award” means an interim or a final determination of any industrial dispute or of any question relation thereto by any Labour Court, Industrial Tribunal or National Industrial Tribunal and includes an arbitration award made under Section 10 A” As per the aforesaid definition, a dispute has to be adjudicated. 8. After having gone through the award relating to reference case no. 80 of 2000, this Court finds that the award is a cryptic award which does not deal with the case of the petitioner at all and there is no discussion about any evidence which might have been led before the learned tribunal. The impugned award does not adjudicate the dispute involved in Reference Case No. 80 of 2000. Accordingly, award cannot be sustained in the eyes of law which is hereby set aside to the extent it relates to the Reference Case No. 80 of 2000. 9. The matter is remitted back to the learned Central Government, Industrial Tribunal No. 1, Dhanbad for passing a fresh award in accordance with law. Since the matter is old, it is expected that the Tribunal will expeditiously dispose of the Reference Case No. 80 of
Decision
2000. 10. Accordingly, this writ petition is disposed of. 11. Let a copy of this order be communicated to the concerned Court through ‘FAX’. 12. Pending Interlocutory Application, if any is closed. Aditi (Anubha Rawat Choudhary, J.) 3