Case Note & Summary
The dispute arose between M/s. Bharat Coking Coal Ltd. and the National Coal Workers Congress regarding the entitlement of back wages for a workman who had not worked for a significant period. The Supreme Court admitted the special leave petition on October 29, 2007, focusing on the limited question of back wages. After reviewing the case and the award from the Central Government Industrial Tribunal No.1 Dhanbad, the court acknowledged the workman's entitlement to back wages but decided to modify the amount due to the considerable duration of non-employment. The court directed the management to pay 50% of the back wages instead of the full amount, with a stipulation to complete the payment within four months from the order's issuance. The appeal was disposed of with no order as to costs.
Headnote
A) Employment Law - Back Wages - Modification of Award - Industrial Disputes Act, 1947 - Court modified the award of the Industrial Tribunal, directing payment of 50% back wages instead of full due to the considerable period of non-employment of the workman. The court held that the management should pay the modified amount within four months from the date of the order (Paras 4-5).
Issue of Consideration
Whether the respondent-workman is entitled to full back wages or a modified amount.
Final Decision
The Supreme Court modified the award of the Industrial Tribunal, directing the management to pay 50% of the back wages to the workman within four months from the date of the order.
Law Points
- Back wages
- Modification of award
- Industrial Tribunal
- Employment law
