RASHTRIYA COLLIERY MAZDOOR SANGH, DHANBAD versus EMPLOYERS IN RELATION TO MANAGEMENT OF KENDUADIH COLLIERY OF MIS BCCL & ORS.

Citation: [2016] 9 S.C.R. 220 · Decided: 21-11-2016 · Supreme Court of India · Bench: T.S. THAKUR · Disposal: Appeal(s) allowed

Judgment (excerpt)

·-~ 
f: 
[2016] 9 S.C.R. ~~O 
A 
RASHTRIYA COLLIERY MAZDOOR SANGH, DHANBAD 
B 
c 
v. 
EMPLOYERS IN RELATION TO MANAGEMENT OF 
KENDUADIH COLLIERY OF MIS BCCL & ORS. 
(Civil Appeal No. I I 003 of20! 6) 
NOVEMBER 21, 2016 
[T. S. THAKUR, CJI, DR. D.Y. CHANDRACHUD AND 
L. NAGESWARA RAO, JJ.] 
Industrial Dispute - Absorption or regularization - 88 
workmen worked as Tyndals at Colliery - Industrial dispute seeking 
employment - Modified award. by the Industrial Tribunal wherein 
issuance of direction to the management that as and when they intend 
to employ regular workmen, preference ·would be given to these 
workmen - Said order attained finality - Thereafter, workmen sought 
D implementation of order passed by the High Court - However, no 
vacancy had arisen ever since the order of the High Court -
Undertaking by the management that if vacancy arises in future 
and post is advertised, for which workmen apply, they would be 
considered- On appeal, held: Judgment of the High C<Jurt nwdifying 
E 
F 
the award by the tribunal attained finality and the workmen sought 
its implementatiOn in the writ - Entitlement that the workmen claim 
must flow out of the judgment <Jf the High C<Jurt by which the 
workmen were entitled to the grant <Jf a preference in future 
employment by the management - Reliance by appellant on certain 
proceedings by Union of one of the collieries of the first respondent, 
wherein the Supreme Court, set aside the order of Division Bench 
and restored the m11ard of the tribunal granti(ig reinstatement without 
backwages, not correct - Further, report by a Committee that there 
was no vacancy in the post of Tyndal, in which 88 workmen were 
working - In view thereof. direction issued to first respondent to 
G pay compensation of Rs. Four lakhs each to 88 workmen being of 
skilled category of Tyndals, in full and final settlement of all their 
claims. 
H 
Eighty eight workmen worked as Tyndals at the Colliery of the 
first respondent. Colliery Mazdoor Sangh raised an Industrial dispute 
seeking employment of88 workmen. The tribunal passed an award. 
220 
RASHTRIYA COLLIERY MAZDOOR SANGH, DHANBAD v. EMPLOYERS 221 
OF KENDUADIH COLLIERY OF MIS BCCL 
The management was directed to form a panel of the workmen in . A 
accordance with seniority and to absorb or regularize them either in the 
work of Tyndal/suitable category within one year. The first respondent 
filed a writ petition. The High Court modified the award, directing the 
management that as and when they intend to employ regular workmen, 
preference would be given to these workmen. The said order attained 
finality. Thereafter, the Union representing workmen filed a writ petition 
seeking implementation of order passed by the High Court. The High 
Court disposed of the writ petition as no vacancy had arisen ever since 
B 
the last order. The management gave an undertaking that if vacancy 
arises in future and post is .advertised, for which workmen apply, they 
would be considered for the post. Thereafter, Review petition was also 
disposed of on similar terms. Hence the present appeal. 
Allowing the appeal, the Court 
HELD: 1.1 Appellant has relied on certain proceedings 
which took place in another distinct reference to the Industrial 
Tribunal, at the behest of the Union representing the workmen 
engaged in one of the collieries of the first respondent, wherein 
an Award was passed directing regularization of seventy workmen 
in general mazdoor category No.I. This Court set aside the 
judgment of the Division Bench of the High Court and restored 
the Award of the Tribunal granting reinstatement without 
backwages. The above judgment of this Court cannot come to 
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 instant case, the judgment 
of the High Court dated 18.05.2004 modifying the Award of the 
Tribunal attained finality. 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. [Paras 5, 6) (224-B-C, D-G) 
1.2 A Committee was constituted by the first respondent 
which by its report 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. 

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