| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Industrial Dispute - Absorption or regularization - 88 workmen worked as Tyndals at Colliery - Industrial dispute seeking employment - Modified award. by the Industrial Tribunal |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Industrial Dispute - Absorption or regularization - 88 workmen worked as Tyndals at Colliery - Industrial dispute seeking employment - Modified award. by the Industrial Tribunal wherein issuance of direction to the management that as and when they intend to employ regular workmen, preference ·would be given to these workmen - Said order attained finality - Thereafter, workmen sought D implementation of order passed by the High Court - However, no vacancy had arisen ever since the order of the High Court - Undertaking by the management that if vacancy arises in future and post is advertised, for which workmen apply, they would be considered- On appeal, held: Judgment of the High CEighty eight workmen worked as Tyndals at the Colliery of the first respondent. Colliery Mazdoor Sangh raised an Industrial dispute seeking employment of88 workmen. The tribunal passed an award.The management was directed to form a panel of the workmen in . A accordance with seniority and to absorb or regularize them either in the work of Tyndal/suitable category within one year. The first respondent filed a writ petition. The High Court modified the award, directing the management that as and when they intend to employ regular workmen, preference would be given to these workmen. The said order attained B finality. Thereafter, the Union representing workmen filed a writ petition seeking implementation of order passed by the High Court. The High Court disposed of the writ petition as no vacancy had arisen ever since the last order. The management gave an undertaking that if vacancy arises in future and post is .advertised, for which workmen apply, they would be considered for the post. Thereafter, Review petition was also c disposed of on similar terms. Hence the present appeal. |
| Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
| Neutral Citation | 2016 INSC 1044 |
| Petitioner | Rashtriya Colliery Mazdoor Sangh, Dhanbad |
| Respondent | Employers In Relation To Management Of Kenduadih Colliery Of Mis Bccl & Ors. |
| SCR | [2016] 9 S.C.R. 220 |
| Judgement Date | 2016-11-21 |
| Case Number | 11003 |
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