MANAGEMENT OF BOKARO STEEL PLANT Vs. GENERAL SECRETARY

JUDGEMENT

(1.) Heard learned counsel for the appellant Management of Steel Authority of India Limited, (hereinafter referred to as the 'Management') and learned counsel for the respondent No. 1 Bokaro Karamchari Panchayat (hereinafter referred to as the 'Union').

(2.) The facts of this case lie in a short compass. The concerned workmen were football players and were engaged by the Sports Council of the Management on stipend since the Year 1991. There is no dispute to the fact that there is evidence on record to the effect that since May 1991 up to 26th May, 1995, they were engaged by the Management on the stipend basis, and industrial dispute was raised by them for the regularization of service in the Bokaro Steel Plant, (hereinafter referred to as the 'Company'), claiming parity with one or few of such players whose services were regularized. The evidence before the Labour Court had been adduced to the effect that one such player namely, Anil Kumar was regularized pursuant to an Award passed by the Labour Court, which was upheld up to the Hon'ble Apex Court. It is also an admitted fact that after 26th May, 1995, the names of the concerned workmen were struck off from the rolls of Company, but it is claimed that as and when there was any football tournament, they were engaged by the Management on stipend basis for playing the tournaments.

(3.) Since a short question has been raised in this appeal, we are confining ourselves to that question only. It is submitted that the Award passed by the Labour Court was beyond the scope of reference made to it, and accordingly, the Award cannot be sustained in the eyes of law. In view of the point raised in this appeal, the reference made to the Labour Court by the appropriate Government is required to be looked into. The Government of Bihar, vide its notification dated 21st July, 1998, made the following reference for adjudication before the Labour Court, Bokaro: -