EMPLOYEERS IN RELATION TO MANAGEMENT OF LODNA AREA OF BHARAT COKING COAL LIMITED DHANBAD Vs. PRESIDING OFFICER CENTRAL GOVT INDUSTRIES TRIBUNAL NO 2 DHANBAD

JUDGEMENT

(1.) Under Section 10 of the Industrial Disputes Act, 1947, the appropriate Government, at the instance of the workmen, represented by Rashtriya Colliery Mazdoor Sangh, Dhanbad, referred the following dispute for adjudication before the Central Government Industrial Tribunal No. 2 at Dhanbad:

(2.) According to the labour Union aforesaid all the 27 workmen were performing jobs in the underground, which were perennial and prohibitory in nature. They were working since 1980 and were engaged in various nature of jobs relating to production of coal and safety of mines at Lodna Area.

(3.) According to the management there was no relationship of employer-employee between the management and those 27 persons. They were strangers and never worked under the management. Any appointment letter, identity card, pay-slip or any other material was not produced to show that they had worked in any capacity. Some times the contractors were engaged by the management for casual limited jobs like white-washing or repair works as and when required and, therefore, those persons if at all worked in Lodna Area, they worked through the contractors. They cannot claim their regularisation in service with the management.