Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Industrial Disptttes Act directing that preference be given to the workmen in questio11. when regular workmen are employed 1947 - s.JO(l)(d) -Award of Industrial Tribunal directing regularization of workmen - Modified by High Court |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Industrial Disptttes Act, 1947 - s.JO(l)(d) -Award of Industrial Tribunal directing regularization of workmen - Modified by High Court, directing that preference be given to the workmen in questio11. when regular workmen are employed - No appeal filed D against judgment of High Court - Years later, the workmen in question initiated a second round of litigation - Held: Relief of reinstatement cannot be given to the workmen in question, since such relief was denied in the judgment of High Cottrt which was not challenged - Distinction from case of another set of workmen, E where the award passed by the Tribunal for reinstatement was modified by the High Court but the High Court judgment was set aside by Supreme Court in appeal and the award of Tribunal was ~ restored- However, in order to render full, final and complete justice in the instant case, respondents directed to deposit an amount of Rs.2 /akhs as compensation lo each workman in question. F On a reference under the Industrial Disputes Act, 1947, the Tribunal had delivered an award in 1996 directing regularization of the workmen in.question. The High Court, however, modified the award in 2004 directing that .as and when regular workmen are employed, preference be given to the workmen in question. No appeal was filed G againstthejudgment of High Court. In 2011, the workmen in question initiated a second round of litigation before the High Court in writ proceedings which were dismissed. Hence, the present appeal. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2016 INSC 937 |
Petitioner | Workmen Rastriya Colliery Mazdoor Sangh |
Respondent | Bharat Coking Coal Ltd. & Anr. |
SCR | [2016] 9 S.C.R. 736 |
Judgement Date | 2016-10-03 |
Case Number | 13953 |
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