LAWS(JHAR)-2016-9-102

EMPLOYERS IN RELATION TO THE MANAGEMENT OF CAPTIVE POWER PLANT OF M/S. CENTRAL COALFIELDS LIMITED AT KATHARA, P.O. KATHARA, DISTRICT Vs. THEIR WORKMEN BEING REPRESENTED BY SHRI KESHAV SINGH YADAV, AREA SECRETARY, BIHAR COLLIERY KAMGAR UNION, KATHARA, P.O. KATHARA, DISTRICT BOKARO

Decided On September 16, 2016
Employers in relation to the management of Captive Power Plant of M/s. Central Coalfields Limited at Kathara, P.O. Kathara, District Appellant
V/S
Their workmen being represented by Shri Keshav Singh Yadav, Area Secretary, Bihar Colliery Kamgar Union, Kathara, P.O. Kathara, District Bokaro Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By the notification dated 17th April, 1999 made by the Central Government, Ministry of Labour under clause (d) of sub-section (1) and sub-section 2(A) of Sec. 10 of the Industrial Disputes Act, 1947 the following dispute was referred for adjudication to the Tribunal

(3.) The sponsoring Union raised an industrial dispute for regularisation of 92 workmen referred in the terms of reference on the ground that they have been working at Kathara Captive Power Plant of M/s. CCL from the year 1988 continuously to the satisfaction of the management in different permanent nature of job under the direct control and supervision of the management and their attendance was more than 240 days in each calender year. Annoyed with their demand for regularisiation and payment of wages under NCWA, they were stopped from attending duty. After their representations failed to redress the grievances they were compelled to raise the industrial dispute.