- (1.) The subject-matter of challenge in this writ petition is the award impugned passed by the Central Government Industrial Tribunal, Asansol on a reference made under Section 10(1)(d)(2A) of the Industrial Disputes Act, 1947. The Central Mines Planning and Design Institute Ltd., hereinafter referred to as 'the Company', has come up before this Court questioning the award which has gone against them. The reference was made by the Central Government, Ministry of Labour before the Central Government Industrial Tribunal No. 1, Dhanbad. The reference reads as follows:-- Whether the demand of the Bihar Colliery Kamgar Union for regularisation of Shri Subhas Banerjee as Pump Operator from the management of M/s. CMPDIL is justified? If so, to what relief is the concerned workman entitled and from what date? The fact of this case is that the workman, Subhas Banerjee, has been working as pump operator under the management of M/s. CMPDIL since 1st April, 1997 and a demand was made by the Union before the management to regularise him in service as pump operator. The company did not accept the same and the union raised the dispute, which was referred before the Tribunal for adjudication.
(2.) The case of the union as briefly stated is that the workman has been working as a pump operator for supply of water in the office of the company building and the workman concerned was also doing the job of plumber, such as repairing/replacing water taps, repairing pipeline etc. in the office building of the company Officers' bungalow, staff quarter and guesthouse since 1997 continuously. The work of pump operator along with other works are being performed by the workman continuously which are permanent in nature and the work of the workman is under direct control and supervision of the management. The union claimed that the worker is doing his job regularly and continuously and his attendance was more than 240 days in each calendar year. The nature of jobs performed by the workman is rendered to and beneficial for the management although the job is of permanent in nature and the workman concerned doing uninterrupted service was paid wages below the rate of National Coal Wages Agreement on the ground that the workman is a contractor.
(3.) It was further case of the union that the management has been forcing the workman concerned to submit tender and to quote rate for the work and also to submit the bills to receive his monthly wages and also to pose the workman as a contractor only with a view to camouflage the real issue.;