- (1.) Heard counsel for the parties. The award dated 25.10.2000 (Annexure-5) passed by the Presiding Officer, Central Government Industrial Tribunal No. 1, Dhanbad in reference case no. 2 of 1993 is under challenge by the management-petitioner whereby while answering the reference in favour of the workmen, learned Tribunal has held that the action of the management in not regularizing Sri Kartik Mahato and 160 others in the permanent employment of the management is not justified and the concerned persons named above are entitled for regularization within 30 days from the date of publication of the award failing which the concerned persons shall be entitled for wages from the date of this award as prescribed under N.C.W.A. with interest at the rate of 12% per annum.
(2.) The reference in the instant case was made by the Central Government in exercise of the power conferred under Section 10(2A)(1)(d) of the Industrial Disputes Act, 1947 for adjudication before the Central Tribunal in the following terms:-- Whether the action of the management of Rajrappa Coal Washery of M/s C.C.L. in not regularizing S/Shri Kartik Mahato and 160 other workers is legal and justified? If not, what relief they are entitled to?
(3.) It is the case of the petitioner-management that the Union of Bihar Colliery Kamgar Union, Rajrappa Branch sponsored the dispute alleging that Kartik Mahato and 160 persons named in the order of reference has been continuously working under the direct control and supervision of Rajrappa Coal Washery of M/s C.C.L. in the job of the slurry cleaning since long which is permanent nature of job and having attendance of more than 240 days in each calendar year. Such job have been prohibited by the notification of the Central Government dated 11.12.1990 issued under the provisions of Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970, as such the workmen were entitled for regularization, w.e.f. 11.12.1990.;