SANGEETA CHANDRA, J. - (1.) This writ petition has been filed by the petitioners challenging the award dated 30th of September, 1998 passed by the Presiding Officer, Industrial Tribunal - III, U.P. Kanpur in Misc. Case No. 14 of 1991 as also the order dated 27.10.1999 in Review Application No. 27/D filed by the petitioners rejecting the same.
(2.) The Petitioners' case is that they are one of the Units of U.P. Rajya Vidyut Utpadan Nigam Limited, a government company, incorporated for generation of electricity. It is the case of petitioners that they engage contractors for doing work like cleaning of coal and handling of the same etc. and these contractors engaged workers to carry out the contract. One hundred eighteen such workers belonging to M/s. Basudev and Company Shahpur, Panaki, Kanpur - (Respondent No. 3) herein filed a claim for regularization which was referred under Section 4-K by the government to the Industrial Tribunal and was pending as Adjudication Case No. 64 of 1989.
(3.) In this Adjudication Case Respondent No. 2 - Kailash Nath was also one of the claimants along with one hundred seventeen other workmen. In this Adjudication Case the petitioners had taken a preliminary objection regarding its maintainability bringing on record that the workers were engaged through contractors and there was no employer and employee relationship. The terms and conditions of the contract were governed by the Contract Labour (Regulation and Abolition) Act, 1970.;