- (1.) Heard the learned counsel for the parties.
(2.) Following dispute was referred to the Central Government Industrial Tribunal No. I, Dhanbad :- Whether the 35 persons whose names are shown in the Annexure and who were employed by M/s Triveni Engineering Works, a Contractor at Dugda Coal Washery are to be treated as workmen of M/s BCCL and whether the demand of the Coal Washeries Workers Union that these persons be regularized/ absorbed in the services of M/s BCCL is justified ? If so, to what relief are these persons entitled ?
(3.) After considering the evidence in detail oral as well as documentary, which is apparent from the para-16 as well as the documents which were produced by the management considered in para 17 of the impugned award, the tribunal reached to the findings that initially these 35 persons were employed by M/s Triveni Engineering Works, a contractor of the appellant- company but the said M/ s Triveni Engineering Works was awarded work contract under a tender for the period from 1.12.1986 to 15.10.1987 and the contention of the appellant is that the said contractor was given separate work for construction of dump slurry plant from 1.1.1990 to 30.6.1990 may not be believed for want of any documentary evidence and that the tribunal also appreciated the fact that work was of permanent nature and the management was of the view that without help of experienced workmen, who were initially engaged by the contractor, the project will not run. In view of the above, the continuation of the payment of wages by appellant to the workmen though through earlier contractor M/s Triveni Engineering Works is nothing but a camouflage as it was not under any valid contract by the appellantn to Triveni Engineering Works and therefore, the workmen were working for the benefit of the appellant-company and wages were paid by the appellant company. In view of the above, it has been held that these 35 workmen had direct relation with the appellant and their services were terminated in violation of section 25 of the Industrial Disputes Act, 1947. Tribunal therefore, held that these 35 workmen are entitled to regularization/ absorption in the job with back wages. However, since the appellant did not take any work, therefore, back wages have been awarded to the extent of 30% of the full back wages and that too with effect from Ist July 1990.;