Case: Rashtriya Colliery Mazdoor Sangh Dhanbad Vs. Emp. In Relation To Mang. Of Kend.C.&amp;Ors

the aid of the Appellant for the simple reason that in that case, the Union had challenged the judgment of the Division Bench of the High Court before this Court. In the present case, the judgment of the High Court dated 18 May 2004 modifying the Award of the Industrial Tribunal attained finality. In fact, in their writ petition of 2007 the workmen sought implementation of the judgment rendered on 18 May 2004. The entitlement that the workmen claim must hence flow out of the judgment of the High Court by which the workmen were entitled to the grant of a preference in future employment by the management by relaxing conditions of age and educational qualifications. This distinction has, in fact, been noted in a judgment recently delivered by this Court on 3 October 2016, in Workmen Rastriya Colliery Mazdoor Sangh v. Bharat Coking Coal Ltd. (C.A. 13953 of 2015). This Court while declining to grant reinstatement allowed compensation to fourteen workmen whose services were in issue, each in the amount of Rupees two lakhs in full and final settlement of all claims for compensation. The relevant part of the judgment rendered by this Court on 3 October 2016 is extracted below : "7. The basic grievance of the workmen is that as a result of the position which has ensued, the workmen governed by the present proceedings of whom only 14 are left in the fray, are virtually without any relief or remedy in practical terms. The workmen were engaged between 1987 and 1989. Nearly 27 years have elapsed since then. Many of the 14 workmen would be on the verge of attaining the age of retirement. There is no occasion at present to grant them reinstatement since in any event, such relief has been denied in the judgment of the High Court dated 18 May 2004 which has not been challenged. However, the predicament of the workmen is real. Two sets of workmen in the same colliery under the same company have received unequal treatment. The present group of workmen has faced attrition in numbers and has been left with no practical relief. This situation should be remedied, to the extent that is now permissible in law, having regard to the above background. In order to render full, final and complete justice, we are of the view that an order for the payment of compensation in final settlement of all the claims, dues and outstandings payable to the 14 workmen in question would meet the ends of justice.8. We accordingly direct that the Respondents shall deposit with the Central Government Tribunal (No.2) at Dhanbad an amount of LTwo lakhs each towards compensation payable to each one of the 14 workmen. This amount shall be in full and final satisfaction of all the claims, demands and outstandings. Upon deposit of the amount, the Award of the Industrial Tribunal dated 9 September 1996, as modified by the High Court on 18 May 2004 shall be marked as satisfied. The Respondents shall deposit the amount as directed hereinabove, within a period of two months from today before the Central Government Industrial Tribunal (No.2) Dhanbad in Reference 26 of 1993. The amount shall be disbursed to the workmen concerned subject to due verification of identity by the Industrial Tribunal". 7. In the present case, the counter affidavit filed by the first respondent before this Court contains a specific admission that the eighty eight workmen governed by the reference were working as `Tyndals on surface as well as in underground mines through contractors at Kenduadih Colliery. The counter affidavit states that the reliance which is sought to be placed by the workmen on replies to queries under the Right to Information Act is misleading and that the appointments in those cases were made by the first respondent in category I whereas `Tyndals are appointed in category IV. We may note at this stage, that during the pendency of these proceedings an order was passed on 11 December 2015 to enable the respondents to ascertain the position with regard to the vacancies in the above category. A Committee was constituted by the first respondent which by its report dated 2 January 2016 has observed that there is no vacancy in the post of Tyndal, category IV either in respect of Kenduadih Colliery or the Pootkee Balihari area as a whole. Kenduadih Colliery is stated to be a closed mine. A statement has been annexed indicating the existence of surplus manpower.8. In the Judgment of this Court rendered on 3 October 2016, noted earlier, reasons have been indicated as to why it would not be practicable to grant reinstatement particularly since such relief was denied in the judgment of the High Court dated 18 May 2004, which has not been challenged. The workmen in that case were engaged between1987-1989. Nearly twenty seven years had elapsed and many of the workmen would have been on the verge of retirement. However, while taking note of the fact that two sets of workmen in the same colliery and under the same company have received unequal treatment, this Court ordered payment of compensation each in the amount of Rupees two lakhs to the workmen. The workmen in that case were employed as general mazdoors. The workmen in the present case belong to the skilled category of Tyndals which as noted earlier are comprised in category IV. Having due regard to this position, in the present case, it would be appropriate to direct that the first respondent shall in full and final settlement of all the claims and outstandings of the eighty eight workmen concerned in the reference deposit an amount of Rupees four lakhs each per workman before the Central Government Industrial Tribunal (No.2) Dhanbad in Reference 54 of 1993. The amount shall be disbursed to the workmen concerned subject to due verification of their identity by the Industrial Tribunal. This amount shall be in full and final satisfaction of all claims, demands and outstandings payable to the workmen.

Court's decision (1 = petition accepted / positive for appellant, 0 = rejected / negative): 1

Reasoning from the judgment:
1[ds]7. In the present case, the counter affidavit filed by the first respondent before this Court contains a specific admission that the eighty eight workmen governed by the reference were working as `Tyndals on surface as well as in underground mines through contractors at Kenduadih Colliery. The counter affidavit states that the reliance which is sought to be placed by the workmen on replies to queries under the Right to Information Act is misleading and that the appointments in those cases were made by the first respondent in category I whereas `Tyndals are appointed in category IV. We may note at this stage, that during the pendency of these proceedings an order was passed on 11 December 2015 to enable the respondents to ascertain the position with regard to the vacancies in the above category. A Committee was constituted by the first respondent which by its report dated 2 January 2016 has observed that there is no vacancy in the post of Tyndal, category IV either in respect of Kenduadih Colliery or the Pootkee Balihari area as a whole. Kenduadih Colliery is stated to be a closed mine. A statement has been annexed indicating the existence of surplus manpower.8. In the Judgment of this Court rendered on 3 October 2016, noted earlier, reasons have been indicated as to why it would not be practicable to grant reinstatement particularly since such relief was denied in the judgment of the High Court dated 18 May 2004, which has not been challenged. The workmen in that case were engaged between1987-1989. Nearly twenty seven years had elapsed and many of the workmen would have been on the verge of retirement. However, while taking note of the fact that two sets of workmen in the same colliery and under the same company have received unequal treatment, this Court ordered payment of compensation each in the amount of Rupees two lakhs to the workmen. The workmen in that case were employed as general mazdoors. The workmen in the present case belong to the skilled category of Tyndals which as noted earlier are comprised in category IV. Having due regard to this position, in the present case, it would be appropriate to direct that the first respondent shall in full and final settlement of all the claims and outstandings of the eighty eight workmen concerned in the reference deposit an amount of Rupees four lakhs each per workman before the Central Government Industrial Tribunal (No.2) Dhanbad in Reference 54 of 1993. The amount shall be disbursed to the workmen concerned subject to due verification of their identity by the Industrial Tribunal. This amount shall be in full and final satisfaction of all claims, demands and outstandings payable to the workmen.