WORKMEN Vs. DUGDA COAL WASHERY

JUDGEMENT

(1.) In view of outbreak of COVID-19 pandemic, case has been taken up through Video Conferencing. Concerned lawyers have no objection with regard to the proceeding, which has been held through Video Conferencing today at 10:30 a.m. onwards. They have no complaint in respect to the audio and video clarity and quality.

(2.) The petitioner has approached this Court for quashing of the Award dtd. 7/8/2013 passed by the learned Presiding Officer, Central Govt., Industrial Tribunal No.2, Dhanbad in Reference Case No.13/1997 by which the demand of the Union for regularization of the services of concerned workmen with the Management of Dugda Coal Washing of M/s BCCL is totally unjustified and as such, concerned workmen are not entitled to any relief for departmentalizing /regularizing workmen in their respective position.

(3.) The case of the petitioner lies in a narrow compass. The workmen concerned of petitioner-Union namely Shri Jogesh Prasad, Gyanchand Singh and Sivbachan Singh had been performing the maintenance job of permanent /perennial nature from 1985 and were under direct control and supervision of BCCL. The concerned workmen were also engaged for the work of maintenance of water supply from the intake well to all coal washery and were doing other works as directed by his superior authority and continuously worked for more than 9 years i.e. from 1985 to 1994 under different contractors engaged by the management from time to time and as such, they represented before the Management for regularization of their services and release of wages as per law, but it went in vain. Thereafter, the Union raised the industrial dispute before the A.L.C (C) on 5/3/1994; however, during the pendency of conciliation proceeding, the Management stopped taking work from the workmen concerned w.e.f. 28/12/1994.