- (1.) Heard learned counsel for the parties.
(2.) The Award dated 26th December, 2000, passed by the Central Government Industrial Tribunal No.1, Dhanbad in Reference Case No. 28 of 1992, is under challenge by the Management-writ petitioner, whereby it has been directed to regularize 27 concerned persons in the employment of Loyabad Coke Plant, however, with no back wages.
(3.) According to the petitioner-Management, on 28th March, 1986, work order was issued for cleaning settling tanks and throwing out dust at a reasonable distance. Later on 20th September, 1989, work order was issued to M/s. Kamgar Sharamik Sahyog Samitee Limited for cleaning of settling tanks. These workmen claim to be the members of the Co-operative Society, namely, Kamgar Sharamik Sahyog Samitee Limited having its Registration no. IDHN 1981 within the district of Dhanbad. Prior to 1989, the same nature of work was awarded to Shri Muslim Mian for doing certain contract jobs in the Coke Plant at Loyabad. The Loyabad Coke Plant Manufactures Hard Coke and bye products by feeding raw coal after crushing into the Coke Ovens unto the surface for the purpose of quenching the same with the help of pumped water. The Coke breeze produced in the process of manufacture of coke and quenching of the same is allowed to flow along with the water and settle on the small tanks constructed for that purposes. In that process, the tanks get filled up to different heights. These settling tanks are required to be cleaned once or twice in a week depending upon the quantity of Coke breeze produced in the process of manufacturing and quenching coke and the work is done by engaging Contractor workers.;