(1.) Heard the parties.
(2.) Petitioner has approached this Court with a prayer for quashing the Award dtd. 3/1/2012, passed by learned Central Government Industrial Tribunal No. 1, Dhanbad in Ref. Case No. 38 of 1995, whereby it has been held that the demand of the Union for regularization of services of S/Sri Surresh Paswan and 45 others named in order of reference, is not legal and justified and accordingly the concerned workman are not entitled for any relief.
(3.) It was the case of the workmen before the learned Tribunal that they were engaged by the management of Burragarh Colliery under Bhalgara Area of M/s. Bharat Coking Coal Ltd. (for short "M/s. BCCL") by constituting a Co-operative Society in the year 1989 to perform the duties at Burragarh Colliery. It was the specific case of the workmen that their works were same and similar to the works performed by the regular employees of M/s. BCCL. They continued to discharge their assigned job from 1989 to 1997 and put more than 190 days attendance in each calendar year. However, due to divergent view of the management the names of present workmen were not entered in the Form 'B' register and they were also not made members of Coal Mines Provident Funds. It was the further case of the workmen that management provided them all safety equipments, like helmets, boot (shoes), Cap Lamp etc. and as such, they were working under direct control and supervision the management of M/s. BCCL. It was further pleaded that for the aforesaid facts and reasons their demand for regularization of their services were justified. However, when no steps were taken by the management of M/s. BCCL for regularization of their services, the workmen through their Union, raised an industrial dispute, which was referred vide Order dtd. 28/4/1995 to learned Central Govt. Industrial Tribunal, by framing following issue for adjudication: