IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (L) No. 1565 of 2002 Workmen Bindi Paswan & Others ..... ..... Petitioners Versus Presiding Officer, Central Government- Industrial Tribunal No.2, Dhanbad & Anr. ..... Respondents .... CORAM: THE HON'BLE MR. JUSTICE AMARESHWAR SAHAY For the Petitioners : Mr. S. N. Das For the Respondent No.2 : Mr. Annup Kumar Mehta 04/ 25.08.2009
The petitioners, which is a union namely Rastriya
Colliery Mazdoor Sangh, has filed this writ petition challenging the
award passed by the Industrial Tribunal No.2, Dhanbad, in
Reference No. 146 of 1993, whereby in an answer to the
reference sent for adjudication i.e.- “Whether the action of the
management of Balihari Colliery of M/s BCCL in not giving
employment as Tyndals to Shri Bindi Paswan and 27 others is
justified? If not, to what relief the workers are entitled for?”, the
Presiding Officer on consideration of the materials and evidence
based on record has held that –
“the concerned workmen were not entitled to get any
relief on the ground that the claim has been found to be stale
claim made after long 20 years”
It was further found by the Presiding Officer,
Industrial Tribunal that the claim has been made after a lapse of
about twenty years. It is stated that this writ petition has
remained pending for more than seven years, therefore, now, the
claim after more than 27 years for giving employment to the
workmen cannot and does not arise, and therefore, in my view,
this application has become infructuous. Accordingly, this petition
is dismissed as such.
(AMARESHWAR SAHAY, J.)
SI/