AMARESHWAR SAHAY, J. - (1.) THE award passed by the Central Government Industrial Tribunal No. I Dhanbad dated 12.5.1997 in Reference Case No. 130 of 1990 is under challenge in this writ application at the instance of the Management of Kuju Pundi Project of M/s. Central Coalfields Ltd.
(2.) THE Central Government in exercise of the powers conferred by Clause (d) of Sub -section (1) and Sub -section (2A) of Sec.10 of the Industrial Disputes Act, 1947 referred the following disputes to the Tribunal for adjudication : "Whether the action of the Management of Kuju Pundi Project of C.C.L. Ltd. P.O. Kuju, Dist. Hazaribagh by not regularising S/Sri. Kalicharan Mahato and 54 other workmen as mentioned in the list attached with Annexure and also not making payment of their wages individually for the period from 1.2.1988 to 16.2.1988 is justified? If not, to what relief the workmen concerned are entitled - The case of the concerned workmen is that they were engaged for water supply by the management through contractor and this work was continuous and permanent nature. The water supply work through contractor is under prohibited category of Contract Labour (Regulation and Abolition) Act. 1970 and in violation of the said Act, the system was being continued by the Colliery management for supply of water through contractor 'sworkers.
(3.) ON the other hand the case of the management was that it was not an industrial dispute as the job of water supply was being carried out in the residential township which is not part of the trade or business of the company. It was stated that unfiltered water was all along available in the residential township. For use of the residents and officers and a small section of the employees, arrangement was made for supplying drinking water from the Wells located in the township and that was purely temporary arrangement. From February, 1988 pumps were installed and the pipe lines laid out to supply drinking water to the residents of the township. It was further stated that the workmen were engaged by the suppliers to supply water as per requirement in the colliery for which the bills were submitted and after passing the same payment was made to the suppliers who used to pay to the workers. The management was not concerned with those persons and therefore, there was no relationship of Master and the Servant between them. It was stated that the water supply was related to the residents of township which falls outside the mine premises and it was not connected with any activities relating to production of coal.;