LAWS(JHAR)-2004-5-17

EMPLOYERS Vs. P O CGIT

Decided On May 06, 2004
EMPLOYERS RELATION TO MANAGEMENT OF DUGDA COAL WASHERY OF B.C.C.LTD. Appellant
V/S
PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1, DHANBAD Respondents

JUDGEMENT

(1.) In this application, the Management of Dugda Coal Washery of Bharat Coking Coal Limited, Bokaro, has challenged the award passed by the Presiding Officer, Central Government Industrial Tribunal No. 1 at Dhanbad, in Reference Case No. 75 of 1991, whereby the Tribunal after discussing the entire materials on record has directed the Management to reinstate and regularise the concerned 35 workmen in their services with effect from July 1, 1990 with payment of 30 per cent full back wages after holding as follows:

(2.) The case of the workmen and the sponsoring Union in short was that they were employed by Triveni Engineering Works Limited, a Contractor Firm for the construction, maintenance and operation of Dugda Froth Floatation Plant from 1982 to October, 1987 and thereafter for construction and maintenance and operation of dump slurry preparation plant from October 16, 1987 to 1990 at Dugda Coal Washery under BCCL as skilled workers and they worked continuously and regularly and completed more than one year continuous service with the Management of BCCL.

(3.) The further case of the concerned workmen was that the contract was given to Triveni Engineering Works Ltd. for the construction and erection of Froth Floatation Plant of Dugda Washery in the year 1982 and these workmen were employed by the said Contractor Firm during the period 1982 to 1987 as skilled workmen.