S.J.MUKHOPADHAYA, ACJ. - (1.) This appeal has been preferred by the appellant against the judgment dated September 12, 2003 passed by the learned single Judge in W.P.(L) No. 3479 of 2001, whereby and whereunder, the learned single Judge dismissed the writ petition preferred by the appellant, affirmed the award dated March 19, 2001 passed by the Central Government Industrial Tribunal No. 1 Dhanbad in Reference No. 8/93.
(2.) The reference was made at the instance of Sponsoring Union, namely, National Coal Workers Congress. The Government of India, Ministry of Labour in exercise of power conferred upon it under Clause (b) of sub-section (1) to Section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as the ID Act), referred the following disputes to the Tribunal for adjudication, vide Order No. 1/200012/353/91 I-R (Coal-I), dated December 17, 1992: "Whether the demand of National Coal Workers Congress for employment on the roll of Khas Kusunda Colliery of BCCL of Smt. Girja Kamin and 225 others (as per details annexed with annexure U-1) with full back wages is justified? If so to what relief the workmen are entitled?"
(3.) According to the Sponsoring Union, Girja Kamm and 225 others whose names find place in Annexure to the reference, were working as Casual Wagon Loader at Khas Kusunda Colliery from the year 1976 to 1983, besides doing miscellaneous jobs. According to the Union, a list was prepared for regulansation of the services of Girja Kamin and 225 others, but the management did not regularise them on the Roll of Khas Kusunda Colliery. This gave rise to dispute raised by the Sponsoring Union.;