Case: Emp.,Mgmt.Of Ramkanali Coll.Of M/S.Bccl Vs. Workmen By Secy.Rasht.Coll.Maz.Sangh&amp;Anr

Four workmen, who claimed to be working from May or July 1972 in the Ramkanlai Colliery of the appellant, raised a dispute that they were stopped from work by the management. The appellant contended before the Industrial Tribunal to whom this matter was referred that the non-coking coal mines were taken over by the Central Government on 31.1.1973 and was nationalized with effect from 1.5.1973 and none of these workmen were in employment before the date of take over. After the take over of the Colliery, a Screening Committee consisting of the representatives of the employer and the workmen scrutinized the claim of the workmen and found that the claims of these workmen was without anyreference made to the Industrial Tribunal reads as followsthe demand of the workmen of Ramkanali Colliery of Messrs. Bharat Coking Coal Limited, Post Office Katrasgarh, District Dhanbad that Sarvashri Bishundeo Singh, Kanhaiya Prasad Karan, Attendance Clerks, Ashok Kumar Das, Munshi and Bachu Singh, Night Guard of West Ramkanlai Section should be allowed to resume duty is justified ? If so, to what relief are the workmen concerned entitled and from what dateThe Tribunal examined the matter in detail and on consideration of evidence held that the concerned four workmen were workmen of the Ramkanlai Colliery at the time of take over and they should be allowed to resume duty from the date of take over. Thereby the management of the appellant was directed to reinstate the said workmen with continuity of service from the respective dates of stoppage of their duties. However, the Tribunal made certain adjustments regarding payment of wages for the period for which they had not worked. The matter was carried by way of a writ petition to the High Court. The learned Single Judge allowed the writ petition and set aside the award and the matter was carried by the workmen in letters patent appeal to the Division Bench which allowed the same and restored the award made by the Tribunal. Hence this appeal by special leave.

Reasoning:
8. The Act came into force on 1.5.1973 and the employees (including former employees whose services were terminated) will continue to hold such employment as it nationalisation had not taken place. In the present case, the finding of the Tribunal is that the employees in question had not ceased to be employees but were merely not allowed to do work. This finding of fact arrived at on appreciation of evidence, cannot be faulted with at all. Hence, the right enforced by the employees will not attract the amended provision of the Act which came into force on 15.12.1986.In that view of the matter, we do not think that the award made by the Tribunal is in any way wrong particularly, when the decision has been given on facts that as on the date of the take over the concerned workmen were employees of the appellant management. If that is so, they never ceased to be employees. All that happened was they were prevented from working in the Colliery, which was set right by the award. We find no substance in this appeal.