M/S. Bharat Coking Coal Ltd. Thr. Mangt vs National Coal Workers Congress Thr. V.P

M/s.Bharat Coking Coal Ltd. Through Management ..Appellant

Versus

National Coal Workers Congress Through Vice President Respondent

JUDGMENT

TARUN CHATTERJEE,J.

1. Leave granted.

2. At the time of admission of this special leave petition on 29 th of

October, 2007, limited notice was issued relating to the question of

back wages.

3. After notice, the matter came up for final disposal on the

limited question as referred to herein above.

4. We have heard the learned counsel for the parties and

examined the impugned order as well as the award passed by the

Central Government Industrial Tribunal No.1 Dhanbad. It is true that 2

the respondent-workman was found to have been entitled to back

wages for the period for which he had not worked.

5. Having heard the learned counsel for the parties and after

considering the materials on record and in the facts and

circumstances of the case and in view of the fact that the employee

did not work for a considerable period of time, we are of the view

that instead of full back wages to be paid to the workman, the

Management may be directed to pay 50% of the back wages

instead of full back wages to him within four months form the date of

supply of a copy of this order to it. Accordingly, the order of the High

Court and the award are modified to the above extent. The

respondent is now entitled to 50% of the back wages instead of full

back wages as noted herein above.

6. With this modification of the award, the appeal is disposed of.

There will be no order as to costs.

...............................J. [Tarun Chatterjee]

New Delhi; ...............................J. July 07, 2009. [H.L.Dattu]