EMPLOYERS Vs. THE PRESIDING OFFICER

JUDGEMENT

(1.) An application under Section 17 -B of the Industrial Disputes Act has been filed on behalf of the workmen, namely, Jiten Mahto, Gobardhan Mahto, Suresh Ram Dangi, Sashtri Paswan, Haider Mahto, Bildhar Mahto, Tlbhu Mahto, Baldeo Mahto, Pachu Mahto and Vijay Mahto wherein prayer has been made to direct the petitioner (Employer in relation to the Management of Rajrappa Washery of Central Coalfields Limited, Ranchi) to pay wages to the respondents equivalent to last wages drawn by them with admissible allowance.

(2.) IN the background of the submissions, the facts giving rise to this application needs to be stated. The workmen who are the applicants here raised a dispute by claiming regularization on the ground that they have been engaged by the Management in plant cleaning job whereas stand of the Management was that applicants were never engaged by it and, therefore, there was no relationship of employer and employee and under that circumstance, reference was made vide Reference case No. 59 of 1992, to the Central Government, Industrial Tribunal No. 1 with the following terms of the reference: Whether action of the Management not to regularize the services of Sri Jitan Mahto and nine others is justified? If not, to what relief they are entitled to?

(3.) BOTH the reference were taken together by the Tribunal wherein parties adduced their evidences. Thereupon the Tribunal came to the finding that the concerned persons had been engaged for the plant cleaning job which is a prohibited category of job and therefore, there is relationship of employer and employee between the Management and the concerned persons and they are certainly entitled for regularization and accordingly, an award was made directing the Management (petitioner to the writ application) to regularize the services of the workmen.