M.Y.EQBAL, J. - (1.) Heard Mr. A.K. Mehta, learned counsel for the petitioner and Mr. S.K. Ughal, learned counsel for the respondents. In this writ application the petitioner, namely, the Management of Arnlabad Colliery of Bharat Coking Coal Limited challenged the Award, dated January 22, 1993 passed by Central Industrial Tribunal, Dhanbad in Reference Case No. 105 of 1991 answering the reference in favour of the workman.
(2.) It appears that Government of India, Ministry of Labour in exercise of power conferred on them under Section 10(l)(d) of the Industrial Disputes Act, 1947 has referred the following dispute to the Tribunal for adjudication: "Whether the demand of the Union for reinstatement of Md. Zubair Alam as Auto Electrician with back wages w.e.f. December 11, 1989 on account of illegal stoppage from work by the Management of Amlabad Colliery of BCCL is justified? If so, to what relief the workman is entitled?" The case of the workman Md. Zubair is that he was employed as Auto Electrician by the Management of Amlabad Colliery and his services were utilised from January 5, 1987 to December 11, 1989, when he was abruptly stopped from work without any notification and justifiable cause. It was contended that during the period of his service at Amlabad Colliery, he was paid his wages on voucher. The workman, therefore, claimed reinstatement in the service and payment of wages.
(3.) The case of the Management is that the workman was never employed as Auto Electrician or in any capacity. It is stated that the relationship of Employer-Employee between the workman and the Management never existed and therefore, stoppage of work illegally did not arise. The Management's further case is that once Shama Auto Electric Works, Jamadoba, Dhanbad deals with repair of Dynamo, Armature, Battery, etc. and the Management Amlabad Project used to utilise the services of Shama Auto Electric Works for repairing its electrical equipment on contract basis. It is contended that the concerned workman was working on behalf of Shama Auto Electric Works and was drawing and receiving bills/payment on their behalf.;