M.Y.EQBAL, J. - (1.) PETITIONER management of M/s Bharat Coking Coal Ltd has prayed for quashing the Award dated 19.3.2001 passed by the Central Government Industrial Tribunal No. 1 Dhanbad whereby he has answered the reference in favour of the concerned workman.
(2.) IT appears that the Central Government referred the following industrial disputes between the Management of Kusunda Collicery of BCCL and their workmen to the Central Government Industrial Tribunal for adjudication : - - "Whether the demand of National Coal Workers congress for employment on the roll of Khas Kusunda Colliery of M/s BCC1 of Smt. Girija Kamin and 225 others (as per details annexed with Annexure -U -I) with full back wages is justified? If so, to what reliefs the workmen are entitled - The case of the sponsoring Union on behalf of the concerned workman is that the concerned workman had been working in Kusunda Colliery of M/s BCCL from 1976 to 1983 as Wagon loaders. All of a sudden they were stopped from the work by the Management of BCCL without showing any reason. It is contended that the concerned workmen who are 226 in number were directly employed by the Management and a list was prepared to regularize their services for the period of work done by them from 1976 to 1980 and the said list was sent to the concerned officials of the management but the management could not regularized them oh the job of wagon loaders. According to the Union the concerned workmen were put in continuous service of more than 240 days every year since 1976 onwards.
(3.) THE case of the Management on the other hand is that the Central Government prohibited engagement of contract labour for loading and unloading of coal in the collieries. After coming into force of the notification in 1975, the contracts system of loading coal was completely abolished and the collieries started engaging casual wagon loaders on the loading job. From the year 1977, the colliery management maintained a permanent group of wagon loaders and another group of wagon loaders. In all cases, wagon loaders were issued identity cards. The case of the Management is that the said 226 concerned workmen were never engaged by the Management as permanent casual wagon loader during the period 1976 to 1983. It is stated that the document produced by the Union in support of claim of the concerned workmen that they worked as outsider casual wagon loader are forged and manufactured documents. Lastly, it is stated that there is no scope for the engagement of the concerned workmen. The demand of the Union is therefore, unjustified.;