Central Government Industrial Tribunal
CGIT, Asansol award dated 05-06-2025 in Ref. No. 11 of 2024 between the Management of Kalipahari Group of Mines and Colliery Mazdoor Union on 5 June 2025
BEFORE THE CENTRAL GOVT. INDUSTRIAL TRIBUNAL -CUM- LABOUR COURT, ASANSOL.
PRESENT:
Shri Ananda Kumar Mukherjee,
Presiding Officer,
C.G.I.T-cum-L.C., Asansol.
REFERENCE CASE NO. 11 OF 2024
PARTIES: Colliery Mazdoor Union
Vs.
Management of Kalipahari Group of Mines, ECL
REPRESENTATIVES:
For the Union/Workman:
Mr. Chandi Banerjee, General Secretary, CMU
For the Management of ECL:
Mr. Syed Nurul Arefin, Advocate.
INDUSTRY:
Coal.
STATE:
West Bengal.
Dated:
05.06.2025.
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A W A R D
In exercise of power conferred under clause (d) of sub-section (1) and sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947 (14 of 1947), the Ministry of Labour, Government of India through the Office of the Deputy Chief Labour Commissioner (Central), Asansol, vide its Order No. 1(21)/2024-E dated 15.04.2024 has been pleased to refer the following dispute between the employer, that is the Management of Kalipahari Group of Mines under Sripur Area of Eastern Coalfields Limited and their workmen for adjudication by this Tribunal.
S C H E D U L E
“ Whether the action of the Management of Kalipahari Colliery of M/s ECL in deducting the underground allowance of the employees is justified? If not, what relief the concerned employees are entitled to? ”
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1. On receiving Order No. 1(21)/2024-E dated 15.04.2024 from the Office of the Deputy Chief Labour Commissioner (Central), Asansol, Ministry of Labour, Government of India, for adjudication of the dispute a Reference case was registered on 17.04.2024 and an order was passed for issuing notice to the parties through registered post, directing them to appear and submit their written statements along with relevant documents in support of their claims.
2. Mr. Chandi Banerjee, union representative appeared on behalf of seventy aggrieved underground workers of Kalipahari Colliery under Sripur Area of Eastern Coalfields Limited who have raised this dispute against deduction of their Underground Allowance which had earlier been paid. Mr. Syed Nurul Arefin, learned advocate appeared for the management of Eastern Coalfields Limited.
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3. The case was registered on 17.04.2024 and Notice was issued to both parties. Union filed written statement on 21.06.2024 and the management of ECL filed their written statement on 22.10.2024. The case is specially fixed up today for adducing evidence by both parties and hearing. At this stage, Mr. Chandi Banerjee filed an application stating that during pendency of Industrial Dispute, Directorate General of Mines Safety inspected the mines and suspended production in mines and most of the workmen were transferred to other places. It is stated that union is not interested to continue with this case and prayed for disposing the case. Copy served upon learned advocate for the management. Heard both sides. Considered.
4. Since aggrieved workmen represented by the union are not inclined to proceed further, Industrial Dispute is dismissed for non-prosecution. Let a No Dispute Award be drawn up. All other pending petitions connected with this case stand disposed of.
Hence, O R D E R E D that the Industrial Dispute is dismissed for non-prosecution. Let a No Dispute Award be drawn up in respect of the above Reference case. Let copies of the Award in duplicate be sent to the Ministry of Labour and Employment, Government of India, New Delhi for information and Notification.
Sd/-
(ANANDA KUMAR MUKHERJEE)
Presiding Officer, C.G.I.T.-cum-L.C., Asansol.