- (1.) A reference was made to the Central Government Industrial Tribunal to adjudicate upon the following dispute: "Whether the demand of a union for reinstatement of 39 workmen (as per list enclosed) with full back wages by the Management of Bharat Coking Coal Ltd. , Koyla Nagar, Dhanbad, is justified If so, to what relief the workmen are entitled and from what date
(2.) The Tribunal on consideration of the pleadings raised before it and the evidence led held that the concerned workmen were appointed by the DIG of CISF who is also Chief Security Officer of BCCL-appellant and that the workmen were paid the wages from the coffers of the appellant and, therefore, granted relief to the 39 workmen with full back wages. A writ petition was preferred against the said award which was dismissed and hence this appeal.
(3.) Learned Additional Solicitor General appearing for the appellant contended that indeed 39 workmen in question were never appointed by the appellant but on the other hand by the DIG of CISF to whom certain consolidated payment had been made towards certain expenses out of which wages appear to have been paid to the 39 workmen. If that is so, the learned Additional Solicitor General submitted that the employment of the 39 workmen is through a contractor and they cannot be fastened on to the appellant. The High Court, however, did not agree with this contention, and relying upon the conclusions reached by the Tribunal, on facts, declined to interfere under Article 226 of the Constitution.;