Central Government Industrial Tribunal
CGIT, Asansol award dated 29-11-2024 in Ref. No. 10 of 2020 between the Management of Central Kajora Colliery of ECL and Jiban Kumar Jyoti on 29 November 2024
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. 10 OF 2020
PARTIES: Jiban Kumar Jyoti
Vs.
Management of Central Kajora Colliery of ECL
REPRESENTATIVES:
For the Union/Workman:
Mr. Jiban Kumar Jyoti (in person).
For the Management of ECL:
Mr. P. K. Das, Advocate.
INDUSTRY:
Coal
STATE:
West Bengal.
Dated:
29.11.2024
(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-22012/3/2020-IR(CM-II)
dated 06.02.2020 has been pleased to refer the following dispute between the employer, that is the Management of Central Kajora Colliery under Kajora Area of Eastern Coalfields Limited and their workman for adjudication by this Tribunal.
THE SCHEDULE
“ Whether the demand of Koyala Khadan Shramik Congress (INTTUC), Burdwan to regularize service of Sri Jiban Kumar Jyoti, SDL Operator, as Pump Operator in Central Kajora Colliery, Kajora Area of M/s. E.C.Ltd. after a mine accident is appropriate and justified? If yes, to what relief Sri Jiban Kumar Jyoti, SDL Operator is entitled to? ”
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1. On receiving Order No. L-22012/3/2020-IR(CM-II) dated 06.02.2020 from the Government of India, Ministry of Labour, New Delhi for adjudication of the dispute, a Reference case No. 10 of 2020 was registered on 24.02.2020 and Notice were issued to the parties through registered post, directing them to appear and submit their written statements along with relevant documents in support of their claims and a list of witnesses.
2. Mr. P. K. Das, learned advocate for the management of Eastern Coalfields Limited is present. The case is fixed up today for appearance and evidence of workman witness. On call Jiban Kumar Jyoti, aggrieved workman, who sought for regularization of service as Pump Operator in Central Kajora colliery, has appeared and submitted that on 28.08.2024 he filed an application before this Tribunal, praying for passing a No Dispute Award on the ground that due to personal reasons he does not want to proceed further (Contd. Page – 3)
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and want to withdraw the same. Copy of application for withdrawing the Reference case has been served upon the learned advocate for the management.
3. After registration of this case, parties filed their respective written statements and the case was fixed up for evidence. At this stage workman filed the instant application to withdraw the referred Industrial Dispute which was raised at his instance. Considered the same. Prayer is allowed. Industrial Dispute raised by Jiban Kumar Jyoti for his regularization as Pump Operator in Central Kajora Colliery under Kajora Area of Eastern Coalfields Limited is allowed to be withdrawn. Industrial Dispute is accordingly disposed of and 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. The Reference case is withdrawn. 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.