EMPLOYERS IN RELATION TO THE MANAGEMENT OF KATHARA COLLIERY OF C.C.L. Vs. THEIR WORKMEN REPRESENTED BY THE AREA SECRETARY, BIHAR COLLIERY KAMGAR UNION

JUDGEMENT

(1.) Heard the learned Counsel for Petitioner Management of Kathara Colliery of M/S Central Coalfields Limited, Bokaro and learned Counsel for the workmen.

(2.) The Petitioner, management of Kathara Colliery of M/S C.C.L. is challenging the award passed by the Presiding Officer, Central Government, Industrial Tribunal No. 1, Dhanbad in reference case No. 65 of 1992 dated 28.2.2006 as contained in annexure-3 by which judgment learned Tribunal found answer to the reference that the action of the management of Khatara colliery of M/S CCL in not regularizing and making the payment of wages as per NCWA to these workmen is not justified and they are entitled for regularization as general mazdoor category-1 and payment of wages as per NCWA. Learned Tribunal also directed the management for regularizing the concerned workmen within 30 days after passing of the award.

(3.) It is submitted by learned Counsel for Petitioner-management that the so called 11 workmen have failed to prove by any evidence that the 11 workmen worked at Katara Colliery of M/S CCL from 1986. In their evidence the workman who was examined as WW1 dearly admitted in his cross-examination that they have got no appointment letters, no payment' certificate, no document to prove that they worked at Katara Colliery under CCL. The order of regularization is based on document Ext. W-2, a certificate granted in plain paper and singed by a person stating that he is Personal Manager and 11 persons worked as Sweeper in the Katara Colliery. Even that certificate does not show that the aforesaid 11 workers worked for 240 days at the Colliery and they were employee of CCL and as such the finding of the Tribunal is based on no evidence. There is absolutely lack of appreciation of evidence and hence, the impugned award is fit to be set aside.