WORKMEN CONCERNED, REPRESENTED BY THE BIHAR COLLIERY KAMGAR UNION versus BHARAT COKING COAL LTD. AND ORS.

WORKMEN CONCERNED, REPRESENTED BY THE BIHAR COLLIERY KAMGAR UNION versus BHARAT COKING COAL LTD. AND ORS.

The statutory continuity of service under Section 17 applies to dismissed workmen whose dismissal led to an industrial dispute, and their reinstatement and continuity of service are mandated after nationalisation. Section 9 does not bar reinstatement or employment but only prior financial claims.

Source-derived case information.

Parties
Appellant: WORKMEN CONCERNED, REPRESENTED BY THE BIHAR COLLIERY KAMGAR UNION; Respondent: BHARAT COKING COAL LTD.
Jurisdiction
India
Judgment Date
10 March 1978
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Wrongful Dismissal, Statutory Continuity of Service, Liability of Nationalised Company, Reinstatement of Workmen
Labour Law Industrial Disputes Nationalisation Wrongful Dismissal Statutory Continuity of Service Liability of Nationalised Company Reinstatement of Workmen

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Parties

WORKMEN CONCERNED, REPRESENTED BY THE BIHAR COLLIERY KAMGAR UNION

Appellant

BHARAT COKING COAL LTD.

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Judgment

Legal Issues

  1. 1 Whether Section 17 of the Coking Coal Mines Nationalisation Act, 1972 entitles dismissed workmen to reinstatement and continuity of service after nationalisation
  2. 2 Whether Section 9 exempts the Central Government or Government company from liability for prior wrongful dismissal and awards for reinstatement

Ratio Decidendi

The statutory continuity of service under Section 17 applies to dismissed workmen whose dismissal led to an industrial dispute, and their reinstatement and continuity of service are mandated after nationalisation. Section 9 does not bar reinstatement or employment but only prior financial claims.

Court Disposition

Appeal allowed

Orders

  • Award of the Industrial Tribunal restored
  • Appellants to receive costs from first respondent quantified at Rs. 2000/-