EMPLOYERS IN RELATION TO THE MANAGEMENT OF BHARAT COKING COAL LIMITED Vs. THEIR WORKMEN BEING REPRESENTED BY SRI N.G. ARUN,

JUDGEMENT

(1.) In view of outbreak of COVID-19 pandemic, case had been taken up on various dates through Video Conferencing and the same is being disposed of finally. Concerned lawyers have no objection with regard to the proceeding, which have been held through Video Conferencing. They have no complaint in respect to the audio and video clarity and quality.

(2.) The petitioner Management has knocked door of this Court with a prayer for quashing the Award dtd. 21/7/2010, passed by Presiding Officer, Central Government Industrial Tribunal No. 1, Dhanbad in Ref. No. 50/98 whereby and whereunder reference has been answered in favour of the respondent Union holding that the demand for regularization of Sajjan Kumar Mishra, Clerk of BCCL Officers' Benevolent Fund on the roll of the Management is legal and justified and he is entitled to be regularized as a Clerk with effect from 24/12/1990 with difference of backwages and all other consequential benefits as per NCWA.

(3.) Fact of the case in brief is that the concerned workman Sajjan Kumar Mishra was an employee of the BCCL Officers' Benevolent Fund Society. The concerned workman claimed to have been appointed by the Honorary Secretary of BCCL Officers' Benevolent Fund Society and is performing duties of the said Society. The workman claimed that he was being paid by the Society out of its own funds and was being controlled by the Society through the Executive Committee. The concerned workman started demanding to be on the rolls of the petitioner-Management on the ground that the Society is a part and parcel of M/s. BCCL and the officers of M/s. BCCL including the Managing Director are the members of the Society and are holding dual posts one in the capacity of Managing Director of M/s. BCCL or any other officers of M/s. BCCL and the another posts as Chairman or Secretary etc. of the Society. When demand of the concerned workman for his absorption was rejected by the Management, he raised an Industrial Disputes through his sponsoring Union namely The Rashtriya Colliery Mazdoor Sangh. The concerned Union, vide its letter dtd. 30/5/1997, raised an Industrial Dispute before the Assistant Labour Commissioner (C), Dhanbad stating therein that the concerned workman was appointed and working as a Clerk in BCCL Officers' Benevolent Fund Society with the approval of the President on 24/12/1990 and was being paid consolidated salary of Rs.2,500.00 per month. Pursuant to the letter dtd. 23/6/1997 of the Assistant Labour Commissioner (C), Dhanbad, notices were issued to the petitioner-Management to submit comment and participate in conciliation proceedings. The Management, vide letter dated 29.7/4/8/1997, denied any relationship of employer-employee or any contractual arrangement with the concerned workman and as such denied claim for his regularization. After failure of conciliation, report was submitted before the Central Government who, vide its order dtd. 13/8/1998, referred the dispute for adjudication to the Central Government Industrial Tribunal No. 1, Dhanbad with the following terms: