- (1.) The petitioner of CWJC No. 1175/89 (R), who is the employer in relation to the management of Bhurkunda Colliery of M/s. Central Coalfields Ltd., has challenged the award dated 13.5.1988 passed by the Presiding Officer, Central Government Industrial Tribunal No. 2, Dhanbad in Reference Case No. 250/86, whereby and where-under the management has been directed to enlist the workmen named in the list annexed to the award and pay 50% of the wages of category I to the concerned workmen till they are enlisted as casual workmen of Bhurkunda Colliery. While in CWJC No. 1083/91 (R), the petitioner M/s. Koyala Mazdoor Sabha representing their workmen, is aggrieved by that part of the said award whereby the tribunal refused to regularise other 51 workmen, who are members of the petitioner and also that part of the award by which the tribunal awarded only 50% of the back wages. These two cases along with CWJC No. 680 are being disposed of by this common judgment.
(2.) It appears that the Government of India. Ministry of Labour, in exercise of power conferred upon them under Section 10(1)(d) of the Industrial Disputes Act. 1947 referred the following dispute to the tribunal for adjudication :-- "Whether the demand raised by Koyala Mazdoor Sabha in regard to alleged discrimination in employment/regularisation of 125 casual workers of repair and maintenance Section (Civil) of Bhurkunda Colliery of Central Coalfields Ltd. is justified If so, to what relief are these workmen entitled -
(3.) The case of the workmen is that the concerned 125 workmen were in the employment of Bhurkunda Colliery in various capacities since before its take over by the Central Coalfields Ltd. After take over by the CCL, the concerned workmen were employed as Mazdoors in certain Engineering Projects and were known as Civil Engineering Workers. Earlier a dispute arose by which the concerned workmen claimed that such type of civil engineering workers should be put on regular basis as casual labour and in course of time they should be regularised. Thereafter, the Management of CCL issued a direction that such workmen if they had completed 240 days of working should be regularised. Accordingly a large number of workers employed in Gidi-A Colliery of M/s C.C.L. were regularised on the basis of such direction. In Bhurkunda Colliery of CCL 39 workmen of this type were also regularised after their case of regularisation was taken up by the Union and they were still continuing in service. Further case of the workmen is that the General Secretary of Koyala Mazdoor Sabha took up the matter of concerned 125 Civil Engineering Workers on the ground that during 1973 all these concerned workmen had completed 140 days of attendance and were entitled to regularisation in their jobs. The Deputy Chief Personnel Officer of M/s. CCL communicated to the General Secretary of Koyala Mazdoor Sabha, vide letter dated 5.10.1980 that the case of the concerned 125 Civil Engineering Workers would be examined in the light of the discussions held between him and the General Secretary of the Union. When no communication was made, the Union of concerned workmen demanded the same benefits to them as was available to other workers of the colliery. However, in the meantime, the Management retrenched the concerned workmen as a result of which dispute was raised by the Union in respect of the unjust retrenchment and on the failure of conciliation, the Government of India, Ministry of Labour first refused to make reference but subsequently the dispute was referred for adjudication.;