Workmen Bindi Paswan & Ors. vs Presiding Officer & Ors on 25 August, 2009

               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/