- (1.) Heard the learned counsel appearing for the respective parties at length. The petitioner has challenged in this writ petition against the impugned Award dated 19th April, 2002 passed by the learned Judge, 9th Industrial Tribunal, Durgaur.
(2.) The chronological evidence leading to the instant writ petition is that the shares of the Indian Iron & Steel Company Ltd. held by the Central Government stood transferred to and vested in the 'integral company', the Steel Authority of India Ltd. and the IISCO employees of the cooperative stores undertook to run the canteens and the management in the said canteens run by the contractors who were taken over by the employees' of the company. Various demands were raised by the persons employed by the cooperative stores and such disputes were resolved and a settlement was arrived at under section 12(3) of the Industrial Disputes Act, 1947 on 01.08.1980 being Annexure 'P1' annexed to the writ petition. On 25th September, 1985, the employees of the canteen raised fresh demands and after negotiations with the employees of the canteen and IISCO Employees consumers cooperative a fresh tripartite settlement was arrived at covering wage structure, fringe benefit and condition of service as it is depicted from Annexure 'P1'. Another settlement was arrived at on 11.01.1986 between them. The Government of West Bengal referred the industrial dispute to the 9th Industrial Tribunal for deciding the issues as to whether the workers who were working under the cooperative stores construed as employees to IISCO, presently the Steel Authority of India Ltd. The Tribunal vide order dated 19.04.2002 passed an Award answering the issues in favour of the respondents precisely respondent No. 4 directing to treat the employees of the canteen as employees of the respondent company and to release all service benefits from the date of reference whereas the employees of the canteen are actually the employees of the cooperative society of the petitioner's company are not directly employed by the company under the Rule. Accordingly, the writ petitioners have challenged the impugned Award is bad in law and the same is to be set aside.
(3.) The contention of the petitioner in this writ petition is reproduced hereunder: "That the IISCO Employees Consumers Co-operative Stores Ltd. is a separate entity and its employees are not the employees of the company. Any dispute connected with the employment or non-employment or the terms of employment etc of such persons cannot be said to be an industrial dispute between those person and the Petitioner Company.";