AMARESHWAR SAHAY, J. - (1.) In this application, the Management of Dugda Coal Washery of Bharat Coking Coal Limited, Bokaro, has challenged the award passed by the Presiding Officer, Central Government Industrial Tribunal No. 1 at Dhanbad, in Reference Case No. 75 of 1991, whereby the Tribunal after discussing the entire materials on record has directed the Management to reinstate and regularise the concerned 35 workmen in their services with effect from July 1, 1990 with payment of 30 per cent full back wages after holding as follows: (i) That the name of Triveni Engineering Works Limited, the Construction Company drawn by the Management is simply a paper arrangement from April, 1986 onwards and is a sham and camouflage to show that they are working under the contractor- company, whereas, the fact is that the workmen were directly under the control and supervision of the Washery Management for running the Plant commercially for the benefit of the Management and they were being paid their wages by the Management and, as such there was relationship of employer and employee between the workmen and the Management from April, 1986 till their termination on July 1, 1990. (ii) The workmen were disengaged or stopped from work arbitrarily and without any rhyme or reason by the Management from July 1, 1990' without compliance of Section 25-F of the Industrial Disputes Act, 1947. Their stoppage of work was certainly illegal and unjustified and the workmen are entitled for payment of back wages. (iii) There is nothing to show that after the stoppage of workmen, the workmen were engaged in some other pursuits for financial gain. The Central Government referred the following dispute to the Tribunal for adjudication: "Whether the 35 persons whose names are shown in the annexure and who were employed by Triveni Engineering Works, a Contractor at Dugda Coal Washery are to be treated as workmen of BCCL and whether the demand of the Coal Washeries Workers Union that these persons be regularised/absorbed in the services of BCCL is justified? If so to what relief are these persons entitled."
(2.) The case of the workmen and the sponsoring Union in short was that they were employed by Triveni Engineering Works Limited, a Contractor Firm for the construction, maintenance and operation of Dugda Froth Floatation Plant from 1982 to October, 1987 and thereafter for construction and maintenance and operation of dump slurry preparation plant from October 16, 1987 to 1990 at Dugda Coal Washery under BCCL as skilled workers and they worked continuously and regularly and completed more than one year continuous service with the Management of BCCL.
(3.) The further case of the concerned workmen was that the contract was given to Triveni Engineering Works Ltd. for the construction and erection of Froth Floatation Plant of Dugda Washery in the year 1982 and these workmen were employed by the said Contractor Firm during the period 1982 to 1987 as skilled workmen.;