Central Government Industrial Tribunal
CGIT, Asansol award dated 14-10-2024 in Ref. No.17 of 2018 between the Management of ECL, Head Quarter, Sanctoria, Dishergarh and Netai Chandra Mukherjee on 14 October 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. 17 OF 2018
PARTIES: Nitai Chandra Mukherjee
Vs.
Management of Eastern Coalfields Limited, Headquarters, Sanctoria.
REPRESENTATIVES:
For the Union/Workman:
Mr. H. L. Soni, Asst. Gen. Secy., Koyla Mazdoor Congress.
For the Management of ECL:
Mr. P. K. Goswami, Advocate.
INDUSTRY:
Coal.
STATE:
West Bengal.
Dated:
14.10.2024
(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-22012/129/2016-IR(CM-II)
dated 22.06.2018 has been pleased to refer the following dispute between the employer, that is the Management of Eastern Coalfields Limited, Headquarters, Sanctoria and their workman for adjudication by this Tribunal.
THE SCHEDULE
“ Whether the action of the Management of Eastern Coalfields Limited, Headquarters, Sanctoria in denying the payment of outstanding dues to Shri Netai Chandra Mukherjee, Ex. Librarian is legal and justified? If not, to what relief the workman is entitled to and from which date? ”
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1. On receiving Order No. L-22012/129/2016-IR(CM-II) dated 22.06.2018 from the Government of India, Ministry of Labour, New Delhi for adjudication of the dispute, a Reference case No. 17 of 2018 was registered on 02.07.2018 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 and a list of witnesses.
2. Mr. P. K. Goswami, learned advocate for the management of ECL has appeared. The case is fixed up today for appearance of Nitai Chandra Mukherjee, the aggrieved workman and evidence of workman witness, in default, the Industrial Dispute is to be disposed of in accordance with law. It is 12.20 pm now. None appeared on behalf of the workman on repeated calls. No affidavit-in-chief is filed on behalf of the workman for evidence. Mr. H. L. Soni, union representative is not found available.
(Contd. Page – 3)
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3. On a perusal of record, I find that the case was registered on 02.07.2018. Written statement was filed by the workman on 18.09.2018 and by the management on 17.02.2023. The case was thereafter fixed for evidence on 01.08.2023, 17.01.2024, 12.06.2024 and today i.e., 14.10.2024. I find the workman is not diligent in proceeding with this case and the same is dismissed for default. 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.