EMPLOYERS IN RELATION TO THE MANAGEMENT OF BHAGABAND COLLIERY OF M/S BHARAT COKING COAL LTD. Vs. PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) IN CWJC No. 1140 of 1994(P) the Award dated 14.8.1992 rendered in Reference Case No. 110 of 1990 by the Central Government Industrial Tribunal No.1, Dhanbad is under challenge by the writ petitioner -Management. The dispute raised by the workmen was referred by the Central Government vide Notification dated 8/9.5.1990 under Section 10(1)(b) and subsection 2(a) of the I.D. Act, 1947 in the following terms: -

(3.) THE workmen in Reference Case No. 110 of 1990 had pleaded that they alongwith Jogeshwar Singh had been working as permanent underground workmen of Bhagaband Colliery of Kendwadih Section since long with unblemished record of service. They had been performing the jobs of underground stone cutters regularly and continuously and also performed other permanent nature of underground jobs such as making duggis for roof supporting and line packing. These jobs were in prohibited category of work and perennial in nature. In that process they have completed 190 days attendance in each calendar year. They were performing their jobs under the direct control and supervision of the Management's competent persons. All the implements for execution of jobs were being supplied by the management. They had been rendering services and producing goods for the benefit of the colliery management. These workmen have been denied regularization in order to avoid compliance of labour legislation. They were disbursed their wages below the rates of NCWA -I, II and III through intermediaries. Neither Contractor had possessed any license under CLRA Act, 1970 nor establishment of the management was registered for engagement of contractual workmen in stone cutting jobs. As a matter of fact, they were permanent employees of the management, they were stopped from performing such jobs in violation of the principles of natural justice and the mandatory provisions of Standing Order. On the other hand, the management in consultation with the Central Trade Union had arrived at a decision, which was reflected vide Circular dated 8/9.5.1986, according to which all the underground contractors' workmen engaged in prohibited category of jobs who had put in 190 days attendance as miner/loader were to be absorbed in the employment of the management. Upon failure of the management to absorb them with retrospective effect with all arrears and wages, the dispute was raised by the workmen and conciliation proceeding were held which failed. Thereafter, the instant reference was made to the learned Tribunal.