IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(L) No. 3177 of 2011
Kanchan Kumar Dey & others ....Petitioners
Versus
Employers in relation to the Management
of Gopalichak Colliery of M/s Bharat
Coking Coal Ltd. ...Respondent
CORAM: HON'BLE MR. JUSTICE D. N. PATEL
For the Petitioners : Mr. Sidheshwar Prasad, Advocate
For the Respondent : Mr. Indrajit Sinha, Advocate
th
02/ Dated: 20 July, 2011
1.
Counsel for the petitioners submitted that the petitioners are
challenging the award, passed by the Central Government Industrial
Tribunal, Dhanbad dated 20th January, 2010 in Reference Case No. 65 of
1998.
2. Counsel for the petitioners further submitted that the petitioners are
the employees of a registered Cooperative Society and they are engaged
for cleaning works with the respondent. They are claiming for their
regularization in the services and because of stoppage of grant of work to
them by the employer, a reference case was filed under Section 10 of the
Industrial Disputes Act. Petitioners are restraining from their claim for
grant of work. They are not claiming any regularization with the
employers.
3. It is further submitted by the counsel for the petitioners that it is
true that they are working with the Cooperative Society. The Cooperative
Society is engaged to do the cleaning work etc. with the respondent
management and they are satisfied, if the management gives undertaking
before this Court that as and when the services of the petitioners are
required, they will be engaged.
4. Counsel for the respondent submitted that there is no error
committed by the Central Government Industrial Tribunal, Dhanbad in
passing the impugned award and there is no legal vested right in the
petitioners as claimed before the Tribunal. Nonetheless, it is submitted by
the counsel for the respondent that if the services of the petitioners are
required, they will be called upon to render such services.
5. Counsel for the petitioners is satisfied by the aforesaid statements
made by the counsel for the respondent and therefore, he is not pressing
this writ petition, at this stage.
2.
6. In view of this submission, this writ petition is disposed of as not
pressed, at this stage.
(D.N. Patel, J)
VK/