AREA) OF B.C.C.L.THROUGH SRI DINESH CHANDRA JHA, GENERAL MANAGER Vs. THEIR WORKMEN REPRESENTED BY THE SECRETARY, JANTA MAZDOOR SANGH

JUDGEMENT

(1.) HEARD .

(2.) THE petitioner - Management has filed this writ petition for quashing the Award dated 1.9.2005 passed by Central Government Industrial Tribunal No. 1, Dhanbad in Reference Case No. 64 of 1995 holding that the workmen were entitled for regularization and directing the Management to reinstate 81 workmen except the workman -Jalandra Chouhan at serial No. 33.

(3.) THE case of the workmen in short was as follows. They were members of Kustore Shramik Sahayog Samiti Ltd., a registered Co -operative Society (hereinafter to be referred as the Society) but they were engaged and they worked under the control and supervision of the Management at different time rated jobs underground and on the surface of the colliery in the month of April, 1989 and continued to work till the end of January, 1992. They were issued implements and their attendances were also marked by the Management. They were also doing prohibited category of work which were of permanent and perennial in nature. Therefore, they claimed regularization.