MANAGEMENT OF M/S.BHARAT COKING COAL LTD. Vs. PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) THESE two writ applications arise out of a common award rendered in Ref. Case No. 148 of 1993 by the Presiding Office, Central Government, Industrial Tribunal -2 Dhanbad. Since the facts and questions of law being similar, these two writ applications are being disposed of by this common judgment.

(2.) IN both the writ applications the prayer of the petitioner is for issuance of an appropriate writ, order and direction quashing the said award passed on 22nd September, 1995, whereby and where under it was held that the demand of the union for reinstatement of the concerned workmen with full back wages is justified and further that the concerned Kiti Rana Versus State Of Bihar (Now Jharkhand) workmen are entitled to be reinstated in service of the management of B.C.C.L Dhanbad in category No. 1 Mazdoor with full back wages from the date of their stoppage.

(3.) ON behalf of the concerned workmen -respondent a detailed counter affidavit has been filed in both the cases mainly contending that there is no infirmity and illegality in the impugned award and the tribunal after thoroughly considering and appreciating the facts and evidences on record has rendered proper, legal and justified award holding that there is relationship of the employer and employee between the management and the concerned workmen and the respondent - workmen are entitled to be regularized with full back wages since the date of their stoppage of payment. It was further contended that the petitioner has invited this Court to adjudicate upon questions of fact on appraisal of the evidences which is not permissible in extra - ordinary writ jurisdiction of this Court. The respondent -workmen further claimed that there are adequate evidences which go to establish that the concerned workmen were the employees of the management and they have been working and performing their jobs which was perennial in nature. The payments were made out of the fund of the management and as such there is a relationship of employer and employee. It was stated that contrary to the provision of law they were stopped from working although they were all along ready and willing to perform their job. The concerned workmen were not even paid proper wages. The management by way of unfair labour practice violated the provision of N.C.W.D. as well as the statutory provisions and exploited the workmen and in such circumstances they were legally entitled to be reinstated and regularized in the service and to get full wages of category No. I, Mazdoor. According to the respondent No. 2, all the aspects, factual and legal, were considered by the learned tribunal and the award is wholly legal and valid and warrants no interference by this Court.