LAWS(JHAR)-2017-12-122

WORKMEN REPRESENTED BY BOKARO PROGRESSIVE FRONT Vs. MANAGEMENT OF BOKARO STEEL PLANT OF M/S STEEL AUTH

Decided On December 01, 2017
Workmen Represented By Bokaro Progressive Front Appellant
V/S
Management Of Bokaro Steel Plant Of M/S Steel Auth Respondents

JUDGEMENT

(1.) This Letters Patent Appeal has been preferred by the original respondent No. 1 of a writ petition being W.P. (L) No. 1529 of 2004. This writ petition was preferred by the respondent-Management, challenging the award passed by the Industrial Tribunal, Ranchi, in Reference Case No. 12 of 1994, award dated 30-3-2003. This writ petition, preferred by the respondent-Management was allowed by the learned single Judge vide judgment and order dated 23-4-2010, and the award passed by the Industrial Tribunal, Ranchi in Reference Case No. 12 of 1994 dated 30-3-2003 was quashed and set aside mainly on the ground that the Workmen who raised industrial dispute were in fact not the Workmen within the meaning of Section 2 (s) of the Industrial Disputes Act, 1947 (for the sake of brevity hereinafter referred to as the "Act, 1947") of the Management of the Bokaro Steel Plant. In fact they were the employees of M/s. Trinity Technology Group (T.T.G.) to whom the contract was given by M/s. Bokaro Steel Plant. On the ground, writ petition preferred by the Management was allowed by the learned single Judge, and hence, the present Workmen has preferred the present Letters Patent Appeal.

(2.) Factual Matrix :

(3.) The arguments canvassed by the counsel for the appellant :