MAHANADI COALFIELDS LTD. versus BRAJRAJNAGAR COAL MINES WORKERS’ UNION

Parties: Appellant: Mahanadi Coalfields Ltd.; Respondent: Brajrajnagar Coal Mines Workers’ Union
Jurisdiction: India
Judgment Date: 12 March 2024
Procedural Posture: Civil Appeal / Appeal Under Article 136 of the Constitution (final Hearing)
Legal Topics: Settlement, Reference to Tribunal, Regularisation, Back Wages, Contract Labour, Perennial Nature of Job, Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Full judgment text Party arguments 1

Mahanadi Coalfields Ltd.

Appellant

Brajrajnagar Coal Mines Workers’ Union

Respondent

Civil Appeal / Appeal Under Article 136 of the Constitution (final Hearing)

1 Whether the Tribunal was justified in entertaining the reference of an industrial dispute when a settlement under Section 18(1) read with Section 19(2) and Section 36 of the Industrial Disputes Act, 1947 had been arrived at
2 Whether the 13 workers not included in the settlement were on the same footing as the 19 regularised workers and entitled to regularisation
3 Whether the workers are entitled to back wages and the appropriate period for computation