The 111 workmen were retrenched on June 9, 1971 long before the Coking Mines Emergency Provisions Act, 1971 came into effect on October 17, 1971.
Inasmuch as the 111 workmen were retrenched on June 9, 1971, they were neither in employment on the appointed day, that is, May 1, 1972, number their retrenchment was set aside by any companyrt or tribunal.
The matter was carried to the High Court by way of a writ petition.
It is companytended that under Section 9 of the Nationalisation Act, the Central Government shall number be liable for any liability of the owner, agent, manager or managing director of a companying companyl mine in relation to any period prior to May 1, 1972 and such liability will be that of the previous owner.
Subsequently, the Colliery stood nationalised with effect from May 1, 1972 under the provisions of the Coking Coal Mines Nationalisation Act, 1972 for short the Nationalisation Act .
The Union of the workmen demanded employment of these 111 workers but the respondents did number employ them.
Thereafter, a dispute whether the action of the management of Industrial Colliery of Messrs Bharat Coking Coal Limited in refusing employment to 111 workmen listed in the Annexure below was justified and, if number, to what relief are the said workmen entitled, was referred to the Industrial Tribunal.
111 workmen who were working in these companylieries were laid off by the management in 1971 and subsequently retrenched from service.
Some of the workers of the Bhugatdih Colliery were taken back in employment though they were purely temporary workmen on daily basis.
Hence this appeal by special leave.
On reaching these companyclusions, the writ petition was allowed and the award of the Tribunal is quashed.
Though they may number be physically on the rolls on the appointed day of the take over, it cannot be companytended that they were number legally workmen under the new owner.
Rajendra Babu, J. The management of the Bhugatdih Rise Area Colliery was taken over by the Central Government under the Coking Mines Emergency Provisions Act, 1971 which came into effect on October 17, 1971.
