EMPLOYERS IN RELATION TO THE MANAGEMENT OF SUDAMDIH COLLIERY OF BHARAT COKING COAL LTD Vs. THEIR WORKMAN

JUDGEMENT

(1.) Appellant calls in question the legality of the judgment rendered by a Division Bench of the Patna High Court upholding the judgment of the learned single Judge. By the said judgments certain persons were held to be workmen of the appellant.

(2.) Factual background in a nutshell is as follows : The Central Government in exercise of power under Section 10 of the Industrial Disputes Act, 1947 (in short the Act) referred the following two disputes for adjudication to the Central Government Industrial Tribunal No.1, Dhanbad (hereinafter referred to as the "Tribunal") : Reference No. 32 of 1989 dated 16th March, 1989 :

(3.) As the controversy involved in both the cases was the same, the Tribunal heard them analogously and answered the references in favour of the workmen declaring them to be workmen of the principal employer, namely, the Management of M/s. Bharat Coking Coal Ltd. (hereinafter referred to as the management) and directing for their reinstatement in service with effect from the dates of references with 75% back wages. Being aggrieved by the said combined Award, the management filed two writ petitions before the Patna High Court, being CWJC No. 859/1993 (R) and CWJC No. 856/1993 (R), which were dismissed by the learned single Judge on 10th August, 1998. Not being satisfied with the judgment of the learned single Judge, the management has filed two appeals under clause 10 of the Letters Patent.