RASHTRIYA COLLIERY MAZDOOR SANGH, DHANBAD versus EMPLOYERS IN RELATION TO MANAGEMENT OF KENDUADIH COLLIERY OF MIS BCCL & ORS.

RASHTRIYA COLLIERY MAZDOOR SANGH, DHANBAD versus EMPLOYERS IN RELATION TO MANAGEMENT OF KENDUADIH COLLIERY OF MIS BCCL & ORS.

Where reinstatement is impractical due to non-availability of vacancies and the final High Court order only provides a preference for future employment, compensation in full and final settlement is appropriate for similarly situated workmen, especially after a prolonged period and closure/surplus in the colliery.

Parties
Appellant: Rashtriya Colliery Mazdoor Sangh, Dhanbad; Respondents: Employers in Relation to Management of Kenduadih Colliery of M/s BCCL & Ors.
Jurisdiction
India
Judgment Date
21 November 2016
Procedural Posture
Civil Appeal / Supreme Court Final Appeal
Outcome
Appeal allowed
Legal Topics
Absorption, Regularization, Compensation for Workmen, Implementation of Industrial Tribunal Award
Labour Law Industrial Disputes Absorption Regularization Compensation for Workmen Implementation of Industrial Tribunal Award

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Parties

Rashtriya Colliery Mazdoor Sangh, Dhanbad

Appellant

Employers in Relation to Management of Kenduadih Colliery of M/s BCCL & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether the 88 workmen (Tyndals) are entitled to absorption/regularization or compensation after the modified tribunal award and High Court order
  2. 2 What relief, if any, are the workmen entitled to given no vacancies have arisen

Ratio Decidendi

Where reinstatement is impractical due to non-availability of vacancies and the final High Court order only provides a preference for future employment, compensation in full and final settlement is appropriate for similarly situated workmen, especially after a prolonged period and closure/surplus in the colliery.

Court Disposition

Appeal allowed

Orders

  • First respondent shall in full and final settlement deposit Rs. four lakhs each for 88 workmen before Central Government Industrial Tribunal (No.2), Dhanbad in Reference 54 of 1993.
  • Industrial Tribunal to disburse amounts to workmen after verifying identity.