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.