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march 1978

Supreme Court of India · 1978-03-10

WORKMEN CONCERNED, REPRESENTED BY THE BIHARCOLLIERY KAMGAR vs BHARAT COKING COAL LTD. AND ORS.

Citation / case number
SC 1977/61840
Court
Supreme Court of India
Petitioner
WORKMEN CONCERNED, REPRESENTED BY THE BIHARCOLLIERY KAMGAR
Respondent
BHARAT COKING COAL LTD. AND ORS.
Author
V.R. KRISHNAIYER
Bench
V.R. KRISHNAIYER

Judgment text excerpt

The Supreme Court held that under Section 17 of the Coking Coal Mines Nationalisation Act, 1972, workmen dismissed prior to nationalisation are entitled to statutory protection and continuity of service with the new employer, Bharat Coking Coal Company Ltd. The Court emphasized that wrongful dismissal does not affect the legal status of the workmen as employees, and their reinstatement with continuity of service was mandated. The High Court's quashing of the Industrial Tribunal's award was overturned, restoring the Tribunal's decision in favor of the workmen.

WORKMEN CONCERNED, REPRESENTED BY THE BIHARCOLLIERY KAMGAR vs BHARAT COKING COAL LTD. AND ORS. · Niyam