EMPLOYERS IN RELATION TO THE MANAGEMENT OF 2/21 PITS Vs. THEIR WORKMEN BEING REPRESENTED BY THE ZONAL SECRETARY

JUDGEMENT

(1.) Heard the parties.

(2.) The Petitioner - Management of Murlidih Colliery of M/s. BCCL has challenged the Award dated 28.10.2002 passed by the Central Government Industrial Tribunal No. 1, Dhanbad, in Reference Case No. 81/1993, whereby the learned Tribunal, in answer to the reference of the dispute referred to it, has passed the impugned Award directing the Management to reinstate and regularize all the concerned 134 workmen, whose names were mentioned in the Annexure to the Order of Reference, on the job in which they were working at the time of their disengagement or in the category as available and admissible to the workmen as per the provisions of N.C.W.A. subject to finding them medically fit but without any backwages.

(3.) In short, the case of the Union was that all the concerned workman had been working as Stone Cutters, Dyke Cutters and Coal Cutters at 20/21 Pits, Murlidih Colliery since 1976 continuously and they were engaged in permanent nature of job under the direct control and supervision of the Management. All the equipments for execution of job were being supplied by the Management but the Management was paying the wages to the workmen much below the rate of the rate of Wage Board Recommendations. A demand was made by the workmen for regularization of their service and payment of wages as per the law but the Management did not take any action in that regard rather got annoyed and stopped the workmen from their work from the year 1979.