EMPLOYERS IN RELATION TO THE MANAGEMENT OF BALIAHRI COLLIERY UNDER PUTKEE BALIHARI AREA OF BHARAT COKING COAL Vs. THEIR WORKMEN BEING REPRESENTED BY THE BRANCH SECTRETARY

JUDGEMENT

(1.) HEARD Learned Counsel for the parties.

(2.) A labour dispute was referred. to the Central Government Industrial Tribunal No. 1, Dhanbad vide order dated 3rd August, 1994 passed by the Central Government. The referred dispute is.

(3.) THE Learned Counsel for the Appellant tried to assail the finding of fact recorded by the Tribunal with respect to the relationship of 'employer' and 'employee'. But we are of the considered opinion that the finding is based on appreciation of the evidence, which is apparent from the facts mentioned in para -9 of the impugned award, wherein the documentary evidences have been considered by the Tribunal and it was found that not only those documents proved the relationship of employer and employee but the Management also used to verify the attendance of the workmen by maintaining Form. No. C, register of the Management itself. The Tribunal also considered one award passed in Reference Case No. 104 of 1990. Therefore, the learned Single Judge was fully justified in not re -appreciating the evidence and affirmed the finding of fact, which is based on evidence.