EMPLOYERS IN RELATION TO THE MANAGEMENT OF WESTERN COALFIELDS PENCH AREA, P.O. PARASIA, DISTT. CHHINDWARA Vs. SAMYUKTA KHADAN MAZDOOR SANGH (AITUC) POST CHAMDAMETA

JUDGEMENT

(1.) THIS writ petition has been preferred by the Management of Western Coalfields Ltd. (hereinafter referred to as WCL), Pench Area, aggrieved by an award dated 27th June, 1990 passed by the Central Government Industrial Tribunal, Jabalpur, directing employment of 301 workers from 21 -6 -1980 with backwages and cost of Rs. 5000/ -.

(2.) IT is averred in the petition that WCL is a company registered under the Companies Act. Company is the owner of various Coal Mines. Digwani Quarry of Pench East Colliery was one of the mines owned by the WCL. The Samyukta Khadan Mazdoor Sangh (AITUC) raised an industrial dispute with the Asst. Labour Commissioner (Central) Chhindwara. Conciliation had failed. Central Government referred the dispute for adjudication to the Central Government Industrial Tribunal (CGIT) as per order (A) dated 18th June, 1982 - "Whether refusal of the management of Pench East Colliery of Western Coalfields Limited in Pench Area, PO Parasia, District Chhindwara to provide work to Sri Ramjanam and 300 other truck loaders (whose names are given in annexure) employed at their Dighwani Quarry and to regularize them as colliery workers is lawful and proper? If not, to what relief are these workmen entitled -

(3.) MANAGEMENT submitted their reply to Statement of Claim (B). It was contended that reference is bad in law and has been made without application of mind and mechanically. It was submitted that there was no employer -employee relationship between the 301 individuals and Management of Colliery. They were outsiders having no connection with the Coal Industry. Management also denied that the individuals were Truck Loaders "employed by it in Digwani Quarry. All the purchasers used to bring their own Trucks and their own employees. These persons were not employed by the Management.