The High Court of Jharkhand disposed of a writ petition challenging an Industrial Tribunal award regarding reinstatement. The dispute was resolved amicably through a committee, leading to the petitioner accepting the award with 50% back wages, resulting in the withdrawal of the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(L) No.-7756 of 2011
With
I.A. No. 5352 of 2018 and I.A. No. 1560 of 2017
M/s Central Coalfields Limited, having its Head Quarter at Darbhanga House, Ranchi through Awadhesh Kumar Singh, General Manager (Administration), M/s. Central Coalfields Limited, Darbhanga House, Ranchi …Petitioner
-V e r s u s-
Shri Suka Oraon,Son of Dandu Oraon, resident of Nindra, PO- Demo, PS- Latehar, District- Latehar …. Respondent
CORAM: - HON’BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner :- Mr. Bhaiya Vishwajeet Kumar, Advocate For the Respondent :- Mr. Avishek Chandra, Advocate
Order No.-14 Dated: 06.07.2018
The present writ petition has been filed for quashing the award dated 04.06.2010(Annexure 16 to the writ petition) passed by the Presiding Officer, Central Government Industrial Tribunal No.-1, Dhanbad (in short “CGIT”) in Reference Case No. 258 of 2001 whereby the reference has been answered in favour of the respondent- workman for his reinstatement in service without back wages.
Pursuant to filing of the present writ petition, the award dated 04.06.2010 passed by the learned CGIT was stayed by this Court vide order dated 18.03.2013 subject to the condition of payment of last drawn wages to the respondent-workman in terms with Section 17(B) of the Industrial Disputes Act, 1947. During pendency of the writ petition, a committee was constituted consisting of the official of the petitioner-management and the representative of the concerned Trade Union for amicable settlement of the disputes pending before the courts/tribunals. The present dispute between the petitioner-management and the respondent-workman was also taken up by the committee wherein it was resolved to reinstate the respondentworkman (Sri Suka Oraon) with 50 % back wages from the date of the award i.e. after 30 days of publication of the award. The said fact appears from the extract of the note-sheet of the General Manager (NEE/IR-L/MP&R)/ Joint Nodal Officer dated 20.08.2016 (Annexure-18 to I.A. No. 5352 of 2018).
In view of the aforesaid facts and circumstances of the case, the writ petition is accordingly disposed of.
I.A. No. 5352 of 2018 and I.A. No. 1560 of 2017 also stand disposed
of.
(Rajesh Shankar, J.)
Ritesh
M/s Central Coalfields Limited
Shri Suka Oraon
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
