- (1.) In this writ petition, the petitioner has challenged the award dated 22.12.2000 rendered by she Presiding Officer, Central Government industrial Tribunal No.-1 Dhanbad in Reference Case No. 50/91 whereby learned Tribunal has directed the Management to regularize the services of the workmen w.e.f 29.4.1991 holding them entitled for claiming wages of piece rated workmen of appropriate category from the date of award. The grievance of the petitioner is that the impugned award of regularization is beyond the jurisdiction of learned Tribunal, as has been held by the Supreme Court in various decisions.
(2.) Learned counsel for the petitioner referred to and relied on the decisions of the Supreme Court in Union of India & Ors. Vs. A.S. Pillai & Ors., 2010 13 SCC 448, Union of India and Aw. Vs. Arulmoxhi Iniarasu &. Ors., 2011 7 SCC 397 and Union of India and Ors. Vs. Vartak Labour Union (2), 2011 4 SCC 200.
(3.) The wit petition has been contested by the concerned workmen. It has been slated, infer alia, that in the instant case, the dispute was not only referred to learned Tribunal regarding refusal of reinstatement, the same was also against the refusal of regularization. Whether refusal of regularization was justified' was also one of the terms of the reference. Learned Tribunal has considered the facts and evidences on record and has answered the reference against the Management.;