BIHAR COLLIERY KAMGAR UNION THROUGH ITS SECRETARY SHRI D.M. MUKHERJEE Vs. UNION OF INDIA (UOI) THROUGH THE SECRETARY, MINISTRY OF LABOUR, GOVERNMENT OF INDIA,

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) CHALLENGE in this writ application is to the Award dated 19.10.2001 passed by the Central Government Industrial Tribunal No. 1, Dhanbad in Reference Case No. 141 of 1991, whereby the Tribunal has answered the reference against the workmen, declaring that the workmen cannot be held to be the employees of the Management of the BCCL and that, they can be treated only as the employees of the cooperative stores run by the Managing Committee and further, workmen are entitled to wages as per the provisions prescribed under Clauses II and III of NCWA.

(3.) CASE of the workmen is that they have been working in the cooperative stores of Moonidih colliery of the respondent Management since 1971 continuously. The cooperative stores of Moonidih colliery is functioning directly under the control and supervision of the Management of the BCCL. The Agent and the Deputy Personnel Manager of the colliery are the President and the secretary respectively, of the cooperative stores. The building, furnitures and other materials of the cooperative stores have been provided by the management of the BCCL and the Cooperative stores have been set up as a welfare measures to cater to the needs of the employees of the colliery. Facilities of quarters to the concerned employees of cooperative stores, have also been provided by the management. The workmen were appointed by Moonidih colliery and have been performing the duties as per the direction of the Management and for the benefit of the Management.