LAWS(BOM)-2011-1-36

WORKMEN OF TARODA OPENCAST MINE OF WESTERN COALFIELDS LIMITED Vs. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT

Decided On January 05, 2011
SHRI G.V.R. SARMA Appellant
V/S
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNALCUM LABOUR COURT NO.2 Respondents

JUDGEMENT

(1.) By this petition filed under Article 226 of Constitution of India, the petitioner - Trade Union has challenged the Award dated 2-5-1997 delivered by the Central Government Industrial Tribunal No. 2, Mumbai, in Reference No. CGIT2/68 of 92 answering the reference made at their instance in negative. The reference as made on 10-12-1992 reads as under :

(2.) The reference was sought by the petitioner about workers in Canteen at Taroda Opencast Coalmine. The mine is one of the mines owned and managed by National Coal Limited i.e. Coal India Limited. The operations there started in the year 1987 and with a view to make canteen facility available to employees working therein, a contractor came to be appointed by an order dated 16-3-1989. Contractor engaged certain workmen and their names have been shown in schedule appended to reference. Those names also include name of Contractor himself as worker at Sr. No. 1. They started working from March, 1989 and their wages were paid every month in presence of a Welfare Officer of Taroda Opencast mine. They approached Central Government Industrial Tribunal (CGIT) with contention that engagement of contractor v/as in violation of Contract Labour (Regulation and Abolition) Act, 1947, and also all provisions of

(3.) I have heard Shri Pendharkar, learned Senior Advocate with Shri Belsare, Advocate for the petitioner and Shri Badar, learned Advocate for respondent No. 2 - employer.