- (1.) Both the cases have been preferred by Employers in relation to the Management of Balihari Colliery of M/s. BCCL against common award dated 23rd September, 1996 in Reference Nos. 134/93 and 135/93 passed by learned Presiding Officer. Central Government Industrial Tribunal No. 2 at Dhanbad.
(2.) The brief fact of the case shows that the respondent No. 2, Bihar Mines Lal Jhanda Mazdoor Sangh made demand for regularisation of services of concerned workmen by the Management of Balihari Colliery-petitioner. It was alleged that the workmen of Bharatiya Mazdoor Sahyog Samiti were working since 1989 in prohibited category, already worked for more than 190 days in a calendar year, underground. On receipt of such demand, the petitioner-Management objected the prayer mainly on the ground of non-existant relationship of master and servant. It took plea that the Management did not have any control or supervision over persons of the contractors, neither it can appoint a person under the contractor, nor could dismiss a person of contractor, as per the Management's Will. The control lay exclusively with the contractor, the Co-operative Society which used to employ its own labour and supervise their work to complete this contract.
(3.) The conciliation proceeding having failed. ALC (C). Dhanbad submitted failure report to appropriate Government, wherein-after the reference, in question, being Reference Nos. 134/93 and 135/93 was made, as quoted hereunder :-- THE SCHEDULE IN REFERENCE NO. 134 OF 1993 : "Whether the demand of the Bihar Mines Lal Jhanda Mazdoor Union for employment of Shri Binay Kumar Singh and 21 others (as per list enclosed) on the role of Balihari Colliery of M/s. BCCL is justified If not, to what relief they are entitled - THE SCHEDULE IN REFERENCE NO. 135 OF 1993 : "Whether the demand of Bihar Mines Lal Jhanda Mazdoor Union for employment of Shri Anil Kr. and 22 others (as per list enclosed) on the roll of Balihari Colliery of M/s. BCCL is justified If so, to what relief they are entitled V";