EMPLOYERS IN RELATION TO MANAGEMENT OF KUSUNDA COLLIERY OF BHARAT COKING COAL LIMITED Vs. PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.2

JUDGEMENT

(1.) THE Management of Kusunda Colliery of BCCL has challenged the award of the Central Government Industrial Tribunal No. 2 at Dhanbad, dated 26.7.1996, in Reference No. 306 of 1986, whereby the learned Tribunal has answered the reference in favour of the workmen, holding that the demand of the Union for regularising the concerned workmen, namely, Ulfat Mian and 9 others is justified and gave a direction to the Management to prepare a 1st as per annexure of the reference to regularise them within a period of six months from the date of implementation of the award and during the intervening period, they should be given job of casual nature of same category having equal pay of permanent employees.

(2.) THE facts of the matter in short is that in exercise of the power under Section 10(1)(d) of the Industrial Disputes Act, 1947, the Central Government referred the following dispute for adjudication : - -

(3.) THE learned Tribunal ultimately, further held on consideration of the facts and materials on record that the nature of job, which was performed by the workmen concerned was very important job in the Colliery and because they had to perform stone cutting in the underground which is the pivot of the coal industries and the blasting etc. which cannot be done by a non expert or an ordinary person and particularly this system was allowed to be continued by the Management in a camouflage of appointment through contractors in order to obtain higher jobs with lower remuneration ignoring the principles of equal wages for equal job.