M.Y.EQBAL, J. - (1.) IN this writ application the petitioner who is the management of Bhuli Town Administration of M/s. Bharat Coking Coal Limited has challenged the award dated 29.12.1997 passed by the Central Government Industrial Tribunal No. 2. Dhanbad in reference case No. 165 of 1993.
(2.) THE Central Government vide its order dated 14.9.1993 referred the following dispute to the tribunal for adjudication. "Whether the action of the management of M/s. Bharat Coking Coal Ltd., Koyla Bhavan, Dhanbad in not giving employment to S/Shri Anil Kumar and 90 others is justified? If not, to what relief the concerned workmen are entitled - The case of the concerned workmen is that there is township of M/s. BCCL at Bhuli having quarters for coal workers, dispensaries, hospitals, schools etc. as offices under the direct supervision and control of BCCL. It consist of five blocks. The management of three blocks of that township was transferred to BCCL in 1986. The concerned workmen were working in the newly constructed block D and F since October 1978 under BCCL. The concerned workmen while so working continuously for more than 240 days in a particular year, their union demanded regularization of their services. It was on 28.2.1986 the concerned workmen were removed without assigning any reason. The union therefore sought regularization of their services. The concerned workmen claimed to be the workmen directly under the control and supervision of management of BCCL.
(3.) THE case of the petitioner management on the other hand is that Bhuli Town Administration has five blocks. So far block A, B and C are concerned those were in existence from before 1978 and were under the control of Coal Mines Labour Welfare Organization of the Central Government. The quarter situated therein were allotted to the workers of the management for which management used to pay rent to the welfare organization. The sanitation work, cleaning, sweeping etc. of quarters use to be done by the workers occupying the quarter. The quarter of block D and E were allotted to the worker and the management with the help of the contractor used to remove garbages from the road side dumps and one Shri Tarun Banerjee was appointed as contractpr for that purpose who has been doing duties with the help of workmen numbering 35 since 1982. Thereafter the management decided to abolish the contract system in the year 1986 when all five blocks came under the management and control of BCCL.;