- (1.) THIS writ petition at the instance of the petitioner management has been filed for quashing the award dated 12th November 2002 passed in reference case no. 8/93 whereby the Presiding Officer, Labour Court, Bokaro Steel City answered the reference in the favour of workmen and held that he is entitled to be regularized in the service of Bokaro Steel Plant and further entitled to promotional benefit at par with other workmen of the Bokaro Steel Plant of the same status.
(2.) THE State of Bihar, Department of Labour Employment and Training by notification dated 1 -3 -93 referred the following dispute to the. Labour Court for adjudication. "Whether Sri. Vidya Sagar Tiwari daily wages, Library Assistant, Bokaro Steel Plant is an employee of Steel Plant? If yes, the services of Sri Tiwari should be reinstated. If yes, from what date? '' The admitted facts of the case are that the concerned employee Sri. V. S. Tiwari got employment as Library Assistant in the year 1981 and continuously worked in the Bokaro Steel Sports and Recreation Council also time to assigned duty of Library Assistant in the different departments of Bokaro Steel Plant. According to the workmen he has been appointed by the Management of Bokaro Steel Plant as casual library attendant but subsequently promoted as Library Assistant and continuously worked for more than 21 years, but his service was not regularized The case of the management on the other hand was that the concerned workman was never appointed by Bokaro Steel City rather he was engaged by Bokaro Steel Sports and Recreation Council which is an autonomous body. The management further case was that appointment of workmen of Bokaro Steel Plant is done by recruitment board after following the recruitment rules.
(3.) BOTH the management and the workmen adduced the evidences and other documents in support of their respective cases. The Labour Court after considering the entire evidence and also taking notice of the judgment passed by this Court held that Bokaro Steel Sports and Recreation Counsel is a department of Bokaro Steel Plant and is not autonomous body and that the relationship of employee exists in between the management of Bokaro Steel Plant and the concerned workmen of that case. The said decision of the Single Judge has been affirmed in L P A No. 341/02. The management moved the Supreme Court in S L P No. 20343/02 which was dismissed on 1 -11 -02. Taking notice of the above referred decision. I do not find any reason to differ with the finding recorded by the Labour Court that Bokaro Steel Sports and Recreation Council is a department of Bokaro Steel Plant and the relationship of employee and employer was existing between the management and the concerned workmen.;