BHARAT COKING COAL LTD.THROUGH ITS EMPLOYERS Vs. THEIR WORKMAN REPRESENTED BY THE SECRETARY BIHAR COLLIERY KAMGER UNION AND ANR.AND THEIR WORKMEN REPRESENTED

JUDGEMENT

(1.) IN both the cases, as common question is involved, they were heard on the same date and are being disposed of by this common judgment.

(2.) IN the first case, WP (L) No. 3375 of 2001, the petitioner M/s Bharat Coking Coal Ltd. (for short BCCL) has challenged the Award dated 26th March, 2001 passed by the learned Presiding Officer, Central Government, Industrial Tribunal No. 1, Dhanbad in Reference No. 204 of 1997, whereby and whereunder, the learned Tribunal directed for regularization of services of concerned person. In the other case i.e., WP (L) No. 5440 of 2001, the petitioner M/s BCCL has challenged the Award dated 28th March, 2001 passed by the same Presiding Officer in Reference No. 111 of 1990, wherein the learned Tribunal directed for regulrization of service of one Gopal Banerjee and 11 (eleven) others.

(3.) ACCORDING to the petitioner, the first Respondent, Bihar Colliery Kamgar Union, Dhanbad earlier raised an industrial dispute demanding regularization of Plant and Cleaning Mazdoors and a Reference No. 66/99/90 was registered. The Central Government Industrial Tribunal No. 1, Dhanbad by earlier Award directed the Management to regularize the workmen working as Plant Cleaning Mazdoors through Contractors, the Central Government having issued Notification under Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 prohibiting engagement of contract labour on the job of Plant cleaning in Washery. After publication of Award, a settlement was arrived at on 29th September, 1992 relating to mode of implementation of the Award which was implemented in toto.