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Workmen Rastriya Colliery Mazdoor Sangh v. Bharat Coking Coal Ltd. & Anr.

Interlocutory Application · Neutral citation not assigned (Interlocutory Application No. 2 of 2016 in Civil Appeal No. 13953 of 2015)Decided 3 Oct 2016
Interlocutory Application No. 2 of 2016 in Civil Appeal No. 13953 of 2015
Dr. Justice D.Y. Chandrachud · Chief Justice T.S. Thakur · Justice A.M. Khanwilkar

Background

A registered trade union espoused the cause of workmen engaged at Balihari Colliery under Bharat Coking Coal Ltd. (BCCL). In 1993, an Industrial Tribunal reference led to an Award directing BCCL to regularise these workmen; a separate, related batch of 76 similarly-placed workmen in the same colliery had already secured regularisation through a different reference, upheld by the High Court. Of the original 20 workmen covered by this particular reference, only 14 remained in the fray by the time the matter reached the Supreme Court, with the High Court in 2004 having denied them reinstatement on technical grounds even though a similarly-situated set of workmen in the same mine had succeeded.

Decision Breakdown

The Supreme Court noted that nearly 27 years had passed since the 14 workmen were originally engaged (1987-1989), many were close to retirement age, and reinstatement was no longer practically available since the High Court's 2004 order denying it had not itself been challenged. Observing that two groups of workmen in the same colliery, under the same company, had received unequal treatment and that the present 14 were left without any practical remedy, the Court held that full and final justice required a monetary solution rather than reinstatement. It directed BCCL to deposit Rs. 2 lakh for each of the 14 workmen with the Industrial Tribunal within two months, in full and final satisfaction of all their claims, with disbursement subject to verification of identity, and treated the earlier Award as satisfied upon deposit. The appeal was allowed in these terms with no order as to costs.

Lesson Learnt

Even where the original relief sought (such as reinstatement/regularisation) has become impractical due to the long passage of time, courts can still step in to ensure "full, final and complete justice" through an alternative remedy like a one-time monetary settlement, particularly where similarly situated workers were already granted relief and fairness demands equal treatment.

Official source (sci.gov.in)View Judgment (PDF)

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