- (1.) HEARD learned counsel for the appellant.
(2.) THE appellantManagement is aggrieved against the order dated 11th March, 2004 passed in CWJC No. 3205 of 1997(R), whereby the award passed by the Central Government Industrial Tribunal No.1, Dhanbad dated 12th May, 1997 in Reference Case No.130 of 1990 have been upheld. The Tribunal has found that it is the case of the workmen that they were engaged for providing the water to the employees of the appellantCompany which they used to carry on their shoulder with the help of one BHAR , which is a mode of carrying the watter i.e at a time two buckets of water with one bamboo long or short stick and carrying it on shoulder. They were initially engaged in the year 1979 and in the year 1988, specifically from 1st February, 1988, they were denied the wages and also work. In view of the above, following issue was referred to the Tribunal for adjudication : "Whether the action of the Management of Kuju Pundi Project of CCL Ltd. P Kuju, Dist. Hazaribagh by not .O. regularizing S/Sri Kalicharan Mahato and 54 other workmen as mentioned in the list attached with Annexure and also not making payment of their wages individually for the period from 1.2.1988 to 16.2.1988 is justified? If not, to what relief the workmen concerned are entitled?"
(3.) THE contention of the Management before the Tribunal was that it was the temporary work for supplying of water to the employees of the appellantCompany , who were residing in the appellant's Colonies and with the laying down of pipelines for providing water to the house of the employees , this system was abolished and these workers were working for a few hours in a day only, that too, through Contractor.;