TAPEN SEN, J. - (1.) HEAR Mr. Anoop Kumar Mehta, learned counsel for the petitioner and M.K. Laik, learned counsel for the respondent No. 2.
(2.) AT the very outset Mr. Anoop Kumar Mehta, learned counsel for the petitioner prayed permission to add Article 226 of the Constitution of India in the Cause Title of the Writ Application. Let him do so during the course of the day. However, he is directed to deposit additional Court Fee within a period of one week from the date of signing of this judgment. This writ application is directed against the award dated 5.8.1997 passed by the Central Government Industrial Tribunal No. 1, Dhanbad in Reference Case No. 78 of 1993, whereby and whereunder after having delved deep into the matter and after having weighed evidences and also after having considered the facts involved, came to a conclusion that the concerned workman deserved to be regularised and accordingly directed such regularisation with effect from 1.1.1992 together with 40% of full back wages.
(3.) MR . Anoop Kumar Mehta, learned counsel for the petitioner submitted that the concerned workman did not perform any activity that was connected with the ultimate output of the Management nor was it connected with mining activities and that his nature of job was neither permanent nor perennial. He has further submitted that in the absence of any employer '' employee relationship, the Management could not be directed to regularize the concerned workman.;