- (1.) In this writ application the petitioner which is the management of Damodar Valley Corporation (in short DVC), has challenged the award dated February 21, 1994 passed by the Presiding Officer, Labour Court, Bokaro Steel City, Bokaro in Reference Case No. 5 of 1991 whereby he has answered the reference in favour of the concerned workmen.
(2.) It appears that the Government of Bihar, by notification dated February 20, 1991, referred the following dispute to the Labour Court for adjudication: "Whether 81 (eighty one) temporary workmen of the attached list working in Bokaro and Chandrapur Thermal Power Stations are entitled for regularisation? If so, since when?"
(3.) The case of the management is that the concerned workmen are contractors' labourers and there is no employee and employer relationship between them and the DVC The Job of colony beautification and plantation of B.T.P.S. and C.T.P.S. are awarded to the contractors on job contract basis. The concerned workmen are engaged by the contractors on the job for which a schedule of rate is prepared based on requirement and the prevailing minimum wages fixed by the Government of Bihar. Payments are made to the contractors on the basis of quantum of work executed based on schedule of rate. The concerned 65 named workmen are not borne on the muster-roll of DVC either as temporary or casual workers. They have not been issued any appointment letter to indicate that they are casual or temporary workers of DVC. The DVC has banned the employment of casual/temporary workers in its Factory department long back and therefore, question of regularisation of services of the concerned workmen does not arise.;