Central Government Industrial Tribunal

CGIT, Asansol award dated 09-06-2025 in Ref. No. 32 of 2022 between the Management of Patmohana Colliery and Brij Behari Prasad on 9 June 2025

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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. 32 OF 2022

PARTIES: Brijbihari Prasad and Forty-one others

Vs.

Management of Patmohana Colliery, ECL

REPRESENTATIVES:

For the Union/Workmen:

None.

For the Management of ECL:

Mr. P. K. Das, Advocate.

INDUSTRY:

Coal

STATE:

West Bengal.

Dated:

09.06.2025

(Contd. Page – 2)

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A W A R D

In exercise of powers 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 Government of India through the Ministry of Labour, vide its Order No. L-22012/66/2022-IR(CM-II)

dated 13.07.2022 has been pleased to refer the following dispute between the employer, that is the Management of Patmohana Colliery under Sodepur Area of Eastern Coalfields Limited and their workmen for adjudication by this Tribunal.

THE SCHEDULE

“ Whether the action of the Management of M/s. Eastern Coalfields Ltd. in relation to its Patmohna Colliery over deduction of House Rent Allowance from the month of December 2020 in respect of Shri Brijbihari Prasad, (Man No. 141183) and 41- other workmen of Patmohna Colliery (list attached as submitted by the Union Annexure-U-III)

under the provisions of NCWA is proper, legal and justified? If not, to what relief the workmen concerned are entitled? ”

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1. On receiving Order No. L-22012/66/2022-IR(CM-II) dated 13.07.2022 from the Government of India, Ministry of Labour, New Delhi for adjudication of the scheduled dispute, a Reference case was registered on 19.07.2022 / 01.08.2022 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. On second call at 11.25 AM, Mr. P.K. Das, learned advocate appeared for the management of Eastern Coalfields Limited along with Mr. G. Giridhar Kumar, Deputy Manager (HR), Patmohana Colliery as management representative. Perused the record.

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None of the 42 workmen appeared before this Tribunal. No union representative is present. Record reveals that case was fixed up for evidence of workman on 21.02.2024, 15.07.2024, 04.11.2024 and finally today i.e., 09.06.2025. Workmen are found absent without steps. They have not sought any accommodation.

3. It appears to me that this Industrial Dispute has been raised for deduction of House Rent Allowance from the month of December 2020. Union has not taken any step to substantiate their contention. It appears to me that reasonable opportunity has been granted to the aggrieved workmen to prove their case but they are not inclined to take any step. Accordingly, the case is dismissed for non-prosecution. Let a No dispute Award be drawn up.

Hence, O R D E R E D that a No Dispute Award be drawn up in 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.

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