- (1.) The petitioner State of Jharkhand has preferred the writ petitions challenging order dated 13.08.2003 passed by the learned Labour Court, Jamshedpur in B.S. Case No. 04 of 1993 and batch cases. BRIEF FACTS:
(2.) Challenging order of discharge dated 30.03.1993, B.S. Case No. 03 of 1993, B.S. Case No. 04 of 1993, B.S. Case No. 05 of 1993 and B.S. Case No. 06 of 1993 were filed by the complainants/employees seeking reinstatement in service with full back wages and consequential benefits.
(3.) Respondent Tej Narayan Singh in W.P.(L) No. 1694 of 2004 was complainant in B.S. Case No. 04 of 1993, RespondentBablu Kumar in W. P.(L) No. 1697 of 2004 was complainant in B.S. Case No. 06 of 1993, RespondentGopal Kumar Choudhary in W.P.(L) No. 1701 of 2004 was complainant in B.S. Case No. 05 of 1993 and RespondentDilip Kumar Singh in W.P.(L) No. 1772 of 2004 was complainant in B.S. Case No. 03 of 1993. The complainants/applicants were working in Swarnarekha Multi Purpose Project from 01.11.1990 as security guards on daily wages of Rs. 24 which later on, was enhanced to Rs. 25.50 per day however, they were not given weekly holidays and other holidays. The applicants were not provided leave and other facilities and their services were terminated on 30.03.1993. The respondentState of Jharkhand appeared in the proceeding before the Labour Court and filed its showcause, denying that applicants were employees of Swarnarekha Multi Purpose Project. It was claimed that the applicants were purely casual labourers working under M/s Industrial Security Agency, Adityapur which used to supply labourers in the project under the agreement dated 01.08.1990. The applicants worked under the said Agency and the Agency made payment to them on agreed rate. On an application filed by the opposite partyState of Jharkhand, all 4 cases were heard together. The learned Labour Court formulated the following issues: "(a). Whether the Swarna Rekha Multipurpose Project is an establishment ? (b). Whether the applicants were in service of O.P.S. ? (c) Whether the applicants work for more than six months in Swarna Rekha Multipurpose Project ? (d)Whether they are entitled for a relief as prayed ? (e) To what relief or reliefs the applicants are entitled for?;