LOKESHWAR SINGH PANTA, J. - (1.) This writ petition has been filed by Cement Corporation of India, Rajban, District Sirmour, Himachal Pradesh through Shri R. Vishwanathan, its General Manager under Articles 226/227 of the Constitution of India seeking the following reliefs: (i) The impugned order (Annexure P-2) dated November 24, 1995 may please be quashed. (ii) That the records of the respondent-Court may kindly be summoned and examined for the just decision of this writ petition; (iii) Any other writ, direction or order, deemed fit in the facts and circumstances of the case, be issued; and (iv) Petitioner be awarded the costs of the writ petition against the respondents.
(2.) The petitioner-Cement Corporation of India (for short CCI) is a Government Company and it has established its factory for manufacturing of cement at Rajban, District Sirmour. The CCI has employed a number of regular workmen for running its factory. The CCI engaged Moti Chand, respondent No. 3 here as the contractor for doing odd jobs, purely of temporary nature not connected with the manufacturing process of cement. The CCI is only registered with Registering Officer and Assistant Labour Commissioner (Central) under Certificate No. 46(R-2) 87-ACH-l dated April 20, 1988 as per sub-section (2) of Section 7 of Contract Labour (Regulation and Abolition) Act, 1970. Khatri Ram (respondent No. 2 herein) was employed as workman by 5 respondent No. 3 Contractor for doing the odd jobs including shitting of firewood, shifting of refractory, cleaning of spilled material, cleaning of floors, shifting of grinding media, jungle cutting and cleaning of drainage etc.
(3.) The workman filed an application under Section 33-C(2) of the Industrial Disputes Act, 1947 (for short the Act) claiming that he was a contract labour employed by the CCI since 1980 and on the basis of the Award, recorded under Section 10-A of the Act by the Arbitrators and published in the Central Government Gazette in the year 1983, he is entitled to benefits/ wages at par with the regular employees of the CCI. According to the petitioner- CCI, under the orders of the Presiding Officer, Labour Court, Himachal Pradesh, the workman filed his claim petition later on claiming a sum of Rs. 2,73,741.;