- (1.) THIS writ petition is filed praying for quashing of an award dated 4th September, 2004, whereby the learned Labour Court, Bokaro Steel City has answered the reference against the concerned workmen -petitioner holding that the Bokaro Steel Limited Management or other management is not responsible to regularise the services of the workmen of Bokaro Ispat Club.
(2.) THE impugned award has been challenged on the ground that the same has been rendered without considering the facts and materials on record in right perspective. The award is not based on the facts and materials on record. It is submitted by the counsel for the petitioner that the petitioner/workmen were engaged in Bokaro Ispat Club by the Management of Bokaro Steel Limited. Bokaro Ispat Club is owned by the Management of the BSL. The club is financed by the BSL and entire structure of the club is set up by the BSL. The management also provides other facilities to the club and to the members of the club. Learned Labour Court failed to take into consideration that there was a direct control and management of the Bakaro Steel Limited in the activities of the club. The concerned workmen also worked for more than 240 days in one calendar year and they are entitled for regularisation on the post they have been working. Without taking into consideration the said relevant facts and materials on record the learned Labour Court has arbitrarily answered the reference against the workmen and held that the BSL Management is not responsible to regularise the services of the workmen. Learned Labour Court has further committed an error in holding that the Bokaro Ispat Club was responsible to regularise the services of the workers but in view of the closure of the club and the legal position, club cannot be directed to regularise the services of the concerned workmen.
(3.) THIS writ petition has been contested by the Management/respondents. According to the respondents, Bokaro Ispat Club is registered under the Societies Registration Act and is governed by its own rules and by -laws. It is a separate legal entity. The club, for its activities, engaged some persons as per the requirement of their work. The concerned workmen have no concern with the Management of the BSL and the claim against the BSL is wholly baseless. Learned counsel appearing on behalf of the respondent management submitted that there was no relationship of employer and employee between the 'v1anagement and the concerned workmen. The management had never any control over the concerned workmen. They are under control of the club officials. The engagement of the concerned workmen were not against any post of the Management and there is no question of regularisation of their services in absence of any such post. Some benefits, such as medical facilities in hospital, were extended on the basis of the arrangement made between the club and the hospital. The expenses were never borne by the management. The claim of the petitioner/workmen is imaginary and without any legal basis and the learned Labour Court considered the facts, materials and evidences on record in detail and after thorough appraisal and appreciation of all relevant aspects has come to the conclusion that the Management of BSL is not responsible for regularising the services of the workmen. There is no error or illegality in the award and there is no legal ground for interfering with the same. 6. I have heard learned counsel and considered the facts and materials on record. The petitioner has assailed the award on the ground that the same has been passed without proper consideration of the facts and materials on record as also the provisions applicable to the facts of the instant case. On perusal of the award, I find that the learned Labour Court has thoroughly discussed the facts, materials and evidences adduced by the parties and after detailed discussion of the same has answered the reference against the concerned workmen holding that the BSL Management is not responsible for regularising them. The award passed by the learned Labour Court is sound and proper and there is no infirmity/illegality in the same. 7. This writ petition is accordingly dismissed.;