BIHAR COLLIERY KAMGAR UNION Vs. UNION OF INDIA

JUDGEMENT

(1.) SEEKING quashing of order dated 11.06.2013 whereby the decision of the Ministry of Labour refusing to refer the dispute for adjudication has been communicated, the present writ petition has been filed.

(2.) THE brief facts of the case are that, the petitioner is the registered trade union under the Trade Unions Act, 1926. About 211 workmen who are members of the petitionerKamgar Union, are working permanently as contract labour for more than 8 years in Jitpur Colliery of M/s IISCO (SAIL). Even though the contractor changed under the management of Jitpur Colliery after a specified period and new contractor was allotted the work order, 211 workmen continued to perform work of permanent nature in the management of Jitpur Colliery of M/s IISCOSAIL. These workmen are performing different nature of work on the post of Coal Dresser, Supporter (TCR), Timber Mistry, MachinistOperator, General Mazdoor etc. in the underground mines for last more than 8 years. The posts on which the members of the petitionerKamgar Union are working, are all sanctioned posts and these workmen are performing their duties under the direct control and supervision of the management of Jitpur Colliery. The workmen have been given vocational training by the management Jitpur Colliery for performing their duties as Skilled Labour. They are provided the benefits under Coal Mines Provident Fund Act and also pension. The concerned workmen have been allotted C.M.P.F. account in which employer's contribution is regularly deposited by the management. It is stated that the management of Jitpur Colliery of M/S IISCOSAIL agreed to pay minimum wages, holidays, bonus, welfare allowance, underground allowance etc. to the contractor's workers of Jitpur Colliery and memorandum of settlement has been signed in this regard. Since the management of Jitpur Colliery was paying wages to the contractor's workers below the rate fixed by National Coal Wage Board, representations were made for regularization of services with arrears of wages and consequential benefits however, the management denied the claim and therefore, an industrial dispute was raised vide letter dated 22.01.2012 before the Assistant Labour Commissioner (Central)I, Dhanbad. A conciliation proceeding was initiated in which the management filed its written statement denying the employeremployee relationship and finally, the conciliation proceeding ended in failure. A report dated 19.03.2013 was sent to the Ministry of Labour and Employment for referring the dispute for adjudication to the appropriate forum however, the appropriate Government has refused to refer the dispute for adjudication and the said decision has been communicated vide letter dated 11.06.2013. Aggrieved, the petitioner has approached this Court.

(3.) HEARD the learned counsel for the parties.