R.K.MERATHIA, J. - (1.) BOTH the Letters Patent Appeals are taken together since a common question is involved namely whether the labourers under the contractor are entitled to be absorbed, by the management as regular employees.
(2.) THE L.P.A. No. 140/2000 preferred by Indian iron and Steel Company Ltd. and Anr. arises out of CWJC No. 1938/1995(R) and L.P.A. No. 162/2000 preferred by Bharat Coking Coal Ltd. arises out of CWJC No. 1802/1994(R). Both the aforesaid writ petition (along with one CWJC No. 1803/1994 (R) were heard analogous and disposed . of by the common judgment dated 29 -2 -2000, which is impugned in the present appeals. It will useful to state the cases of the respective parties in brief,
(3.) L .P.A. No. 140/2000 preferred by IISCO, arising out of CWJC No. 7938/ 1995(R): (a) Rashtriya Koila Mazdoor Congress along with 43 contract labourers preferred the said writ petition for a direction to regularise the services of the contract labourers, as permanent employees of M/s. Indian Iron and Steel Company (IISCO) and to give salary/wages as of regular employees with all other fringe benefits with effect from the date, they are working. The case of the writ petitioners was/is as follows. The contract labourers were employed under the contractor for loading and unloading of washed coal from Chasnala Washery to the Railway Yard for onward transportation to different Steel Plants. There is a ropeway system introduced for transportation of washed coal from Chasnala Washery directly to IISCO for feeding its Steel Plant which is, however, not sufficient to meet the requirement and as such contractor is engaged to supply the same through Railway at Tasra Branch siding which is about 1 and 1/2 kilometers from Chasnala Washery Washed coal is transported by dumper and stacked in the Railway Siding and loaded through the pay -loaders. The writ petitioners are engaged solely for supply of washed coal to IISCO Steel Plant, Such job is permanent and perennial in nature and continuing since 1973 through different contractors inspite of prohibition of such job being carried on by engaging contractor. The contract labourers are fringe paid wages only but they have insecurity of service and are being denied other fringe benefits as being enjoyed by regular employees of IISCO, It is clearly settled by various reports agreements and settlement arrived at from time to time and the notification issued under Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970, that the transportation and removal of coal loading and unloading thereof in strictly prohibited to be done by the Contract Labour in the colliery, washery, or any other process connected therewith but the management is carrying out this nature of job, through contract labourers. Coal loading and unloading, inter alia was, prohibited under the contract labour by notifications dated 1 -2 -1975 issued under the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as CLRA Act). (b) The case of the respondents in the writ petition (appellants in this appeal) was as follows: Loading of washed coal is being done mechanically from sidings to the wagons where some Mazdoors are required for cleaning jobs for split washed coal. The above job is not a continuous operation, as will appear from Annexure A. The terms and conditions of the contract for loading of washed coal from ground stock into dumpers/trucks/wagons and its transport from washery to the Railway Siding and loading into wagons will show that loading and unloading of clean coal from washery and loading in wagons was to be done mechanically and as such no loading and unloading is being done manually. The Mazdoors might have been engaged for cleaning. The special terms and conditions of tender for transporting and unloading Chasnala Washed Coal/Middlings is annexed as Annexure -B by the management in support of aforesaid stand. The said conditions of contract shows that the work was of temporary in nature and may be discontinued any time. It was also provided in the said terms of contract that the contractor will take over the existing staff and labour employed by the earlier contractor. The work of loading coal into dumpers/ trucks and into wagons is to be carried out entirely by a mechanical means by engaging bulldozers, excavators and pay -loaders from the beginning of the contract. It appears that an application was made by the writ petitioner on 13 -9 -1999 for restraining the management from taking coercive steps for displacing the writ petitioners from their work. From Annexure 11 annexed with the said petition, it appears that the transpiration of clean coal from Washery to Railway Siding and loading into wagons was stopped since 6 -9 -1999. The management started the work by engaging departmental equipments and departmental workers exclusively as a temporary arrangement. However, it appears that no orders was passed restraining the management as prayed for. ;