R.K.MERATHIA, J. - (1.) PETITIONER -Management has challenged the award dated 5.6.1997 passed by the Central Government Industrial Tribunal No. 1, Dhanbad in Reference No. 96 of 1993 directing the management to take the concerned thirty one workmen into its regular employment and to pay 25 per cent of full back wages with effect from 1.11.1992.
(2.) THE following dispute was referred for adjudication: Whether the demand of National Coal Workers Congress for employment with full back wages of Shri Jamir Ansari and 30 others is justified? If so, to what relief the workmen are entitled The case of the Union (respondent No. 2) is that the concerned workmen worked till the end of 1976 but, all on a sudden, they were stopped from working in the beginning of 1977 on the ground that they were imposter; that thereafter on their representation, the Assistant Personnel Manager by letter dated 20.5.1997 (Ext. W -1) recommended to allow them to resume their duty etc., but as nothing was done, a dispute was raised in November, 1991, that in reply to the notice issued by the Assistant Labour Commissioner, the agent of the colliery admitted about Ext. W -l vide his letter dated 26.2.1992, Ext. W -3.
(3.) THE Management denied and disputed the entire story of the Union saying that it is based on false and concocted documents. The Management asserted that there was no employer -employee relationship and that the concerned workmen were working under the contractor Jamir Ansari.;