AMARESHWAR SAHAY, J. - (1.) SINCE the facts and law involved in both the writ applications were similar, therefore the above two writ applications were heard together and are being disposed of by this common judgment.
(2.) THE facts of CWJC no. 1655 of 1997 (R) are as follows : The award, dated 16th July, 1996 passed by the Central Government Industrial Tribunal No. 2, Dhanbad in Reference Case No. 54 of 1993, is under challenge in this writ application by the Management of Kenduadih Colliery of M/s. Bharat Coking Coal Limited, whereby, the Tribunal has directed to make a panel of the concerned workman and according to their seniority as per the list to be submitted by the Sponsoring Union or available from the Contractor or from the records of Kenduadih Colliery and to absorb and regularise them, either in the work of the Tyndal or in any category suitable to the Management from time to time so that the list be exhausted within one year from the date of publication of the award. The Government of India, Ministry of Labour in exercise of powers under Section 10 (1)(d) of the Industrial Disputes Act, 1947 , referred the following dispute to the Tribunal for adjudication : "Whether the demand of Rashtriya Colliery Mazdoor Singh for employment of Shri Arjun Paswan and 87 others as per list attached, is justified? If so to what relief the workers are entitled -
(3.) THE case of the petitioner is that in course of time, the mining process has now changed/modified and altered to new systems of mining operations adopted from time to time and the manpower requirement is not the same as the nature of work has now changed by introduction of new machines, modern technology etc. There is already surplus workers in all the collieries of the area and there is no scope for providing jobs to the concerned persons at Kanduadih Colliery or any other colliery. The contract system was abolished in the year 1976. The Contractor 's workers who, offered for employment and who were selected by different Selection Committees were selected to fill up the new permanent post created by the Management after abolition of the contract system. It is further stated that the concerned persons claimed to have worked during the period 1974 -75 as Contractor 'sworkers as Tyndals after abolition of the contract system in the area on 1976, the persons having worked as Contractor 'sworkers formed different co - operative societies were allotted works on contract basis as and when available and thus the Registered Co -operative Societies became the Contractors for carrying on contract job on the basis of work orders issued to them from time to time. All the workers who were working under the Contractor initially became member of such societies and they worked as Contractor 's workers from time to time whenever any contract job was available. The payment of such workers were being made out of the bills paid to the society. It is further stated that the concerned persons are not the genuine workers of the Contractors and the present case has been built up to get the strangers inducted into the employment of the Management. It is further stated that the concerned Colliery has already been closed down long back and that there was no relationship of employer and employee between the petitioner and the concerned workman, therefore, no industrial dispute could have been raised and referred for adjudication.;