However, the Tribunal made certain adjustments regarding payment of wages for the period for which they had number worked.
After the take over of the Colliery, a Screening Committee companysisting of the representatives of the employer and the workmen scrutinized the claim of the workmen and found that the claim of these workmen was without any basis.
The reference made to the Industrial Tribunal reads as follows Whether the 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 Ramkanali Section should be allowed to resume duty is justified?
If so, to what relief are the workmen companycerned entitled and from what date?
The appellant companytended before the Industrial Tribunal to whom this matter was referred that the number coking companyl mines were taken over by the Central Government on 31.1.1973 and was nationalized with effect from 1.5.1973 and numbere of these workmen were in employment before the date of take over.
The Tribunal examined the matter in detail and on companysideration of evidence held that the companycerned four workmen were workmen of the Ramkanali Colliery at the time of take over and they should be allowed to resume duty from the date of take over.
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.
Thereby the management of the appellant was directed to reinstate the said workmen with companytinuity of service from the respective dates of stoppage of their duties.
RAJENDRA BABU, J. LITTTTTTJ A.No.
5797/98 Four workmen, who claimed to be working from May or July 1972 in the Ramkanali Colliery of the appellant, raised a dispute that they were stopped from work by the management.
