EMPLOYERS IN RELATION TO MANAGEMENT OF BALIHARI COLLIERY OF B.C.C.L. Vs. PRESIDING OFFICER, CENTRAL GOVERNMENT

JUDGEMENT

(1.) THE Central Government in the Ministry of Labour in exercise of the powers conferred under Sections 1(i)(d) and 2A of the Industrial Disputes Act, 1947 referred the following dispute for adjudication to the Central Government, Industrial Tribunal at Dhanbad

(2.) BIHAR Colliery Kamgar Union sponsored the dispute of Gaya Ram Mahto and 70 others alleging that they were working at Balihari Colliery in underground mine since 1989 to March 1996 continuously in permanent, perennial and prohibited category of job under the direct control and supervision of the management. They were supplied all the implements for execution of job by the management and they rendered services in producing goods for the benefit of the management of the Colliery.

(3.) THE tribunal in its award dated 14.8,2000 held that action of the management of Balihari Colliery in denying regularization of the services of Gaya Ram Mahto and 75 others (as per the list) was not justified and the concerned workmen were entitled for regularlzation in the employment of M/s. BCCL, except the persons mentioned at serial Nos. 38, 71 and 76, in General Mazdoor Category -I, The management was, therefore, directed to regularize them in the employment of the . Company within 30 days from the date of publication of the award, failing which they were entitled for wages of General Mazdoor Category -I on expiry of 30 days from the date of publication of the award.