M.Y.EQBAL, J. - (1.) THIS writ application is directed against the Award dated 26.5.1994, passed by the Presiding Officer, Central Government Industrial Tribunal No. 1, Dhanbad in Reference Case No. 113 of 1988 whereby he has held that the demand of the petitioner sponsoring union that the services of 20 concerned workmen be regularised with effect from 1985 is not justified.
(2.) THE Central Government by notification dated 4.8.1988 referred the following dispute for adjudication to the Tribunal. "Whether the demand of Rashtriya Colliery Mazdoor Sangh that Sri Gora Chand Mahto and 19 others workmen named in the Annexure be regularized in the service of M/s. Bharat Coking Coal Ltd. from 1985, is justified? If so, to what relief the workmen are entitled - The case of the sponsoring Union is that all the 20 workmen concerned had been working as gardeners in the premises of M/s. Bharat Coking Coal Ltd. since 1982 under the supervision of Sri C.P. Singh, Horticulture Supervisor and the management. It is contended that workmen have been working in the gardens maintained in the guest house, C.M.D. Bunglow, Directors* bunglow, Koyla getting Rs. 200/ - per month which was increased to Rs. 230/ - per month. When the concerned workmen requested for regularization of their services and pay them category wages, the management stopped the concerned workmen to work from the month of May 1985, though the concerned workmen alleged to have worked for more than 240 days in a year since their appointments.
(3.) THE respondent management on the other hand denied and disputed the relationship of employer and employee. It is stated that there is established procedure for making appointment even on daily wages and after selection, appointment letters and Identity Cards are issued to the candidates and they are issued Wages slips. Bonus Cards as well as members of C.M.P.F. None of the concerned workmen were ever issued any letter of appoint. Identity Cards, wages slip, Bonus Cards etc. The management also denied that the concerned workmen were ever paid wages by the managements. It is contended by the management that it had awarded contracts for constitution of Bunglow for Directors and officers. Guest house and Hospital etc. and further contract was awarded for plantation work for maintenance of good environment. It has been stated that none of the concerned contractors when enquired by the management came forward to claim that the concerned workmen were their employees. The Tribunal after analyzing and appreciating the entire evidence both oral and documentary answered the reference against the concerned workmen and held that they are not entitled to be regularized.;