In Brief
Eighty-eight workmen employed as Tyndals (skilled workers) at Kenduadih Colliery challenged their non-regularization. An Industrial Tribunal in 1996 directed their absorption; the High Court in 2004 modified this to grant only preference in future appointments. After 27 years with no vacancies and many workers nearing retirement, reinstatement became impracticable. The Court held that since the High Court's modified judgment had attained finality without being challenged, reinstatement could not be granted. Instead, compensation of Rs. 4 lakhs per worker (reflecting their skilled status) was awarded in full and final settlement, remedying the unequal treatment they had received compared to other worker groups at the same establishment.
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