WORKMEN RASTRIYA COLLIERY MAZDOOR SANGH versus BHARAT COKING COAL LTD. & ANR.

WORKMEN RASTRIYA COLLIERY MAZDOOR SANGH versus BHARAT COKING COAL LTD. & ANR.

Since relief of reinstatement was denied by the High Court in a judgment not challenged by the workmen, reinstatement cannot now be granted. However, in order to render full, final, and complete justice, compensation is ordered for each workman in lieu of other reliefs.

Source-derived case information.

Parties
Appellant: Rashtriya Colliery Mazdoor Sangh (workmen); Respondent: Bharat Coking Coal Ltd. & Anr.
Jurisdiction
India
Judgment Date
03 October 2016
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal allowed
Legal Topics
Regularization of Workmen, Industrial Tribunal Awards, Compensation for Workmen, Execution of Tribunal Awards
Labour Law Employment Law Regularization of Workmen Industrial Tribunal Awards Compensation for Workmen Execution of Tribunal Awards

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Parties

Rashtriya Colliery Mazdoor Sangh (workmen)

Appellant

Bharat Coking Coal Ltd. & Anr.

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the workmen are entitled to regularisation and reinstatement as per the original Industrial Tribunal Award.
  2. 2 Whether compensation in lieu of reinstatement is appropriate given the procedural history.

Ratio Decidendi

Since relief of reinstatement was denied by the High Court in a judgment not challenged by the workmen, reinstatement cannot now be granted. However, in order to render full, final, and complete justice, compensation is ordered for each workman in lieu of other reliefs.

Court Disposition

Appeal allowed

Orders

  • Respondents directed to deposit an amount of Rs. two lakhs as compensation to each of the 14 workmen before the Central Government Industrial Tribunal (No.2) Dhanbad within two months.
  • Award of Industrial Tribunal dated 9 September 1996, as modified by the High Court on 18 May 2004, to be marked as satisfied upon deposit and disbursal.