S.J.MUKHOPADHAYA, J. - (1.) IN both the cases, as common question is involved, they were heard on the same date and are being disposed of by this common judgment.
(2.) IN the first case, WP (L) No. 3375 of 2001, the petitioner M/s Bharat Coking Coal Ltd. (for short BCCL) has challenged the Award dated 26th March, 2001 passed by the learned Presiding Officer, Central Government, Industrial Tribunal No. 1, Dhanbad in Reference No. 204 of 1997, whereby and whereunder, the learned Tribunal directed for regularization of services of concerned person. In the other case i.e., WP (L) No. 5440 of 2001, the petitioner M/s BCCL has challenged the Award dated 28th March, 2001 passed by the same Presiding Officer in Reference No. 111 of 1990, wherein the learned Tribunal directed for regulrization of service of one Gopal Banerjee and 11 (eleven) others. So far as the first case WP (L) No. 3375 of 2001 is concerned, the following reference was made by the Central Government, vide Notification No. L -20012/338/96 -IR(Coal -1) dated 25th November, 1997 : - - "Whether the claim of the union that Sri Aloke Bhattacharjee Sri Sahabuddin Khan, Sri Paltu Modak, Sri Dilip Odak, Sri Santosh Roy, Sri Meghnath Ghosh, Sri Ashok Supekar, Sri Sonjay Supakar, Sri Ranjit Supakar and Sri Rajendra Saw were working as a permanent plant clearing mazdoors and their demand for regularization is legal and justified ? If so, to what relief are these persons entitled -
(3.) ACCORDING to the petitioner, the first Respondent, Bihar Colliery Kamgar Union, Dhanbad earlier raised an industrial dispute demanding regularization of Plant and Cleaning Mazdoors and a Reference No. 66/99/90 was registered. The Central Government Industrial Tribunal No. 1, Dhanbad by earlier Award directed the Management to regularize the workmen working as Plant Cleaning Mazdoors through Contractors, the Central Government having issued Notification under Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 prohibiting engagement of contract labour on the job of Plant cleaning in Washery. After publication of Award, a settlement was arrived at on 29th September, 1992 relating to mode of implementation of the Award which was implemented in toto. Further case of the petitioner is that the 1st Respondent Mazdoor Union with a view to induct several persons into the employment took the advantage of the earlier Award and again raised an industrial dispute in the year 1996 -97 contending therein that the workmen have been stopped from working w.e.f. 1990. Conciliation proceeding having ended in failure Reference, in question, was made on 25th November, 1997. Before the Tribunal, the petitioner Management disputed the claim and took plea that all the Plant Cleaning Mazdoors pursuant to Award in Reference No. 67/90 had been regularised after entering into settlement on 29th September, 1990. But the Tribunal answered the Reference in favour of Alok Bhattacherjee and others with direction to the Management to regularize them as permanent employees of Sudamdih Coal Washeiy in General Mazdoor Category No. 1, within thirty days from the date of publication of the Award. ;