- (1.) UNDER Ss. 10(1)(d) and 2 -A of the Industrial Disputes Act, 1947, at the instance of the Bihar Colliery Kamgar Union (for short "the Union"), the following dispute was referred to the Central Government, Industrial Tribunal No, 1 at Dhanbad for adjudication : "Whether the action of the management of Dugda Coal Washery of M/s. BCCL, P.O. Dugda, district Dhanbad in not regularizing S/Shri Muslim Ansari and 52 others (as per list attached) is legal and justified? If not, to what relief is the concerned workmen are entitled -
(2.) THE Union claimed that 53 workers as per list attached to the order of reference were working in the maintenance job of Dugda Coal Washery since 1987. The said work was of a permanent nature and their attendance in each calendar year was more than 240 days. Hence, their services were required to be regularized.
(3.) ON the other hand, the management of the Coal Washery claimed that aforesaid 53 persons were not workmen of the Washery and there was no relationship of employer and employee between the management and those persons. In such circumstance, we are of the opinion that the finding of the tribunal in this regard was not only perverse but error was apparent on the face of record in giving such findings.;