APARESH KUMAR SINGH, J. - (1.) HEARD learned counsel for the parties.
(2.) IN CWJC No. 1140 of 1994(P) the Award Dated 14.08.1992 rendered in Reference Case No. 110 of 1990 by the Central Government Industrial Tribunal No. 1, Dhanbad is under challenge by the writ petitioner -Management. The dispute raised by the workmen was referred by the Central Government vide Notification dated 08/09.05.1990 under Section 10 (1)(b) and Sub Section 2 (a) of the I.D. Act. 1947 in the following terms: - "Whether Shri Jogeshwar Singh and 51 other workmen as per list annexed have actually worked during 1983 to 1986 in the various jobs of which contract was given to Sri Jogeshwar Singh, Contractor, Dhanbad. If so, whether the management of Bhagaband Colliery under Putkee Balihari Area of M/s Bharat Coking Coal Ltd. is justified is not regularizing/departmentalizing these workmen as miner/loader ? If not, what relief these workmen are entitled - In the CWJC No. 3109 of 1998(R), the same writ petitioner -Management has challenged the order dated 07.09.1998 passed by the Central Government Industrial Tribunal No. 2, Dhanbad in the Miscellaneous Case No. 01 of 1998. The said miscellaneous case was instituted for the purposes for identifying 52 workmen covered under the Award dated 14.08.1992 rendered in Reference Case No. 110 of 1990. The matter had been referred to the Industrial Tribunal vide order dated 20.04.1998 passed by learned Single Judge of this Court in first writ petition i.e. CWJC No. 1140 of 1994(P) for the purposes of payment of last drawn wages under Section 17 (B) of the Industrial Disputes Act to the affected workmen. In the Miscellaneous Case out of 52 persons 41 finally appeared and amongst them only 36 workmen were identified as beneficiaries of the Award dated 14.08.1992 in Reference Case No. 110 of 1990.
(3.) THE workmen in Reference Case No. 110 of 1990 had pleaded that they along with Jogeshwar Singh had been working as permanent underground workmen of Bhagaband Colliery of Kendwadih Section since long with unblemished record of service. They had been performing the jobs of underground stone cutters regularly and continuously and also performed other permanent nature of underground jobs such as making duggis for roof supporting and line packing. These jobs were in prohibited category of work and perennial in nature. In that process they have completed 190 days attendance in each calender year. They were performing their jobs under the direct control and supervision of the Management's competent persons. All the implements for execution of Jobs were being supplied by the management. They had been rendering services and producing goods for the benefit of the colliery management. These workmen have been denied regularization in order to avoid compliance of labour legislation. They were disbursed their wages below the rates of NCWA - I, II & III through intermediaries. Neither Contractor had possessed any license under CLRA Act, 1970 nor establishment of the management was registered for engagement of contractual workmen in stone cutting jobs. As a matter of fact, they were permanent employees of the management, they were stopped from performing such jobs in violation of the principles of natural justice and the mandatory provisions of Standing Order. On the other hand, the management in consultation with the Central Trade Union had arrived at a decision, which was reflected vide Circular dated 08/09 -05 -1986, according to which all the underground contractors' workmen engaged in prohibited category of jobs who had put in 190 days attendance as miner/loader were to be absorbed in the employment of the management. Upon failure of the management to absorb them with retrospective effect with all arrears and wages, the dispute was raised by the workmen and conciliation proceeding were held which failed. Thereafter, the instant reference was made to the learned Tribunal.;