Case: Employers in relation to the Management of Sudamdih Colliery of M/s. Bharat Coking Coal Ltd Vs. Their workmen represented by Rashtriya Colliery Mazdoor Sangh

. The Central Government in exercise of power under Section 10 of the Industrial Disputes Act, 1947 (in short the Act) referred the following two disputes for adjudication to the Central Government Industrial Tribunal No.1, Dhanbad (hereinafter referred to as the "Tribunal")As the controversy involved in both the cases was the same, the Tribunal heard them analogously and answered the references in favour of the workmen declaring them to be workmen of the principal employer, namely, the Management of M/s. Bharat Coking Coal Ltd. (hereinafter referred to as the management) and directing for their reinstatement in service with effect from the dates of references with 75% back wages. Being aggrieved by the said combined Award, the management filed two writ petitions before the Patna High Court, being CWJC No. 859/1993 (R) and CWJC No. 856/1993 (R), which were dismissed by the learned Single Judge on 10th August, 1998. Not being satisfied with the judgment of the learned single Judge, the management has filed two appeals under clause 10 of the Letters Patent

Reasoning: It appears that the Tribunal and the High Court did not consider the factual position in the background of the legal position as noted above. Of course at the point of time when the matter was decided Air Indias case (supra) held the field. But, in view of the pronouncement of the Constitution Bench in Steel Authoritys case (supra) the matter needs to be re-examined by the High Court. Though it was submitted by Mr. Upadhyay that there is a finding about the appellant having adopted a camouflage, there is no definite finding by the Tribunal and/ or the High Court in this regard. Mere reference to certain observations of this Court would not suffice without examination of the factual position. Additionally, the effect of omitting the names of the claimants whose cause was being espoused by the Union has not been considered by the High Court in the proper perspective. Similar is the position regarding purported settlement. In these peculiar circumstances, it would be appropriate for the learned Single Judge of the High Court to re-consider the matter. Accordingly, the matter is remitted to the High Court so that learned Single Judge can consider the matter afresh taking into account the principles set out above and consider their applicability to the background facts on the issues raised by the appellant. As the matter is pending since long, learned Chief Justice of the High Court is requested to allot the matter to a learned Single Judge who shall make an effort to dispose of the matter afresh within a period of six months from the date the matter is allotted by the learned Chief Justice