NATIONAL COAL WORKERS CONGRESS Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The Award dated 19.11.2001 in Reference Case No. 11/94 passed by the Central Government Industrial Tribunal No. 1, Dhanbad, is under challenge, by the workmen as the reference has been answered against them and in favour of the Management refusing the demand of regularization of fifteen(15) workmen with effect from 1990. The terms of the reference are as hereunder:

(3.) Learned counsel for the petitioner while referring to the various averments made in the writ petition and also the impugned Award, submitted that these workmen were doing the job of Tyndals for the period ranging from 1989 to the middle of November, 1991, directly under the control and supervision of the Management, but have been denied regularization merely by dubbing them as contractor s workmen. It is the contention of the workmen that they performed underground works under the Respondents Management of hazardous nature for the period of 190 days and more at the relevant period 1989 to the middle of 1991 but on demand being made for regularization, the Management had refused to regularize them. It is further contended on their behalf that their work was being executed continuously in different Collieries like Simlabhals Colliery, Burragarh Colliery and Hurriladih Colliery of Bhalgora area and had put more than more than 190 days each calendar year and their work was supervised by the Management officials like Mining Sardar, Overman, Supervisor and others. It is also stated that these workmen were issued Cap Lamps from the Camp Lamp Room for doing the underground work in the aforesaid Collieries under the Management and their attendance were marked in Form C Register by the Attendance Clerk of these Collieries. They were further engaged in lowering down heavy materials in underground, lifting heavy material from underground to surface, carrying the heavy materials from one place to another while also engaged for loading and unloading of heavy materials which are generally the jobs of Tyndals. It is further submitted that since the work was permanent and perennial nature being performed by them as such they were entitled to payment of regular wages as per the provisions of National Coal Wages Agreement and given to the permanent workmen for doing the same nature of job. Accordingly, they had sought for regularization on the permanent roll of the Management when they were thrown out of job from the middle of November, 1991. The issue was raised before the Assistant Labour Commissioner, Dhanbad, and a conciliation proceeding in reference to the dispute before the Assistant Labour Commissioner, Dhanbad ended in a failure, hence a reference was made by the Central Government which is numbered as Reference Case No. 11/94. It is further submitted that the learned Tribunal has even after adducing all cogent evidences in their support and Exhibits and at the same time the Management having failed to deny their contentions, had proceeded to answer the reference in a manner refusing relief sought for by them for regularization under the Management by the impugned award.