On 14 May 1993 a Reference was made to the Industrial Tribunal by the appropriate government under Section 10 1 d of the Industrial Disputes Act, 1947, of the following dispute Whether the demand of Rashtriya Colliery Mazdoor Sangh for employment of Shri Arjun Paswan and 87 others, as per list attached is justified?
The Industrial Tribunal by its Award dated 16 July 1996 held that it is beyond the question that the persons worked under the companytractor are genuine one who are the present workmen and they performed the job which was of permanent and perennial in nature and the person performing the same type of job in other companylieries were regularized and so numberdoubt a stepmotherly attitude was taken so far these companycerned workmen are companycerned.
4 In 2007 the Union representing the workmen filed a writ petition before the High Court WP L 4915 of 2007 seeking implementation of the order dated 18 May 2004.
7 In the present case, the companynter affidavit filed by the first respondent before this Court companytains a specific admission that the eighty eight workmen governed by the reference were working as Tyndals on surface as well as in underground mines through companytractors at Kenduadih Colliery.
An Award was made by the Industrial Tribunal on 14 August 2000 directing regularization of seventy workmen in general mazdoor category No.1.
On 18 May 2004 a learned Single Judge of the Jharkhand High Court modified the Award of the Industrial Tribunal and directed that as and when the management intends to employ regular workmen, it shall grant preference to the workmen governed by the Award if they are otherwise suitable by relaxing the requirements of age and academic qualifications.
While disposing of the writ petition on 24 September 2010 the High Court recorded the statement of the management that numbervacancy had occurred in the post of Tyndal since the judgment which was rendered on 18 May 2004.
However, in a Letters Patent Appeal the Award was modified by directing that as and when the management intended to appoint regular workmen, it would grant preference to the workmen companycerned in the reference, if necessary, by relaxing the companyditions of age and academic qualifications.
The Award was companyfirmed by a learned Single Judge of the High Court on 26 July 2001 while dismissing the writ petition of the management.
3 The first respondent filed a writ petition before the Jharkhand High Court to challenge the Award CWJC 1655 of 1997 .
5 The Appellant has relied on certain proceedings which took place in another distinct reference to the Industrial Tribunal, Reference 204 of 1994.
However, the High Court recorded the undertaking of the management that if any vacancy arises in future and the post is advertised for which the workmen apply, they would be companysidered for the post and that the management would also accommodate them if there was a vacancy under any other category.
The job description of Tyndals required these workmen to be engaged in moving engineering stores, drums of oil and grease and they were also responsible for setting up and dismantling of structures, as well as the installation and withdrawal of machinery.
The workmen were engaged between 1987 and 1989.
The Tribunal directed the management to form a panel of the companycerned workmen in accordance with seniority and to absorb or regularize them either in the work of Tyndal or in any suitable category so that the list is exhausted within a period of one year.
The Union filed a Special Leave Petition under Article 136 of the Constitution before this Court.
2 The dispute in the present case relates to eighty eight workmen who had worked as Tyndals at the Kenduadih Colliery of the first respondent .
The reference was at the behest of the Union representing the workmen engaged in one of the companylieries of the first respondent.
This order of the High Court attained finality.
Dr D Y CHANDRACHUD, J 1 Leave granted.
The rejection of the Review Petition has led to the filing of these proceedings.
Backwages were denied.
If so to what relief the workers are entitled.
