M.Y.EQBAL, J. - (1.) THE petitioner who are the workmen represented by the Secretary, Bihar, Colliery Kamgar Union, Hirapur, Dhanbad has come against the award dated 31st January, 1994 passed by the Presiding Officer, Central Government Industrial Tribunal No. 2, Dhanbad in Reference Case No. 152 of 1992 whereby the tribunal has answered the reference against the workmen but held that the management can not refuse to keep the concerned workmen in employment as casual mazdoors as and when occasion will arise but as a matter of right they cannot claim their engagement in future.
(2.) IT appears that the appropriate government in exercise of its power conferred by Section 10(1)(d) of the Industrial Disputes Act referred the following dispute to the tribunal for adjudication : "Whether the action of the management of M/s. Coal Mines Planning and Design Institute Ltd. in terminating the services of the workmen S/Shri Dadan Prasad, Somnath Biswas and Anil Kumar Pd. Survey Mazdoors w.e.f. 24.2.1989 is justified? if not, to what relief the said workmen are entitled? The case of the concerned workmen is that they have been working as permanent Chairmen/Survey Ma/doors at C.M.P.D.I.L. since 14.1.1982, 17.7.1980 and April, 1983 respectively against permanent vacancy to the satisfaction of the management. It is alleged that the management with ulterior motive did not allow them to complete 240/190 days attendance in a calendar year. It is further alleged that the Management allowed junior workmen to complete 240/190 days attendance and they were accordingly regularized in service. So far the concerned workmen are concerned, they were stopped from their work w.e.f. 24.2.1989 illegally and arbitrarily against the provision of the standing orders.
(3.) THE management on the other hand denied the claim of the concerned workmen and submitted that the management undertakes survey work at different places for the purpose of prospecting planning and designing project. As the projects are to be learned in new area, the area requires to be surveyed and the coal reserves are required to be ascertained by making bore holes and ascertaining availability of coal at a particular area. While cleaning the survey line and also for cutting jungles and barbecues growth the management has been engaging survey mazdoor on casual basis as per requirement. It is stated that the survey work is not carried out through out the year and on all days of a month. The case of the management is that the concerned workmen were engaged as survey mazdoors within Region No. 2 of the management purely on casual basis. They were paid their wages on daily rated basis and they did not put 240 days attendance in a calendar year. They were engaged for a fixed duration and after expiry of their duration, their services automatically stood terminated.;