R.K.MERATHIA, J. - (1.) The petitioner has challenged the award dated August 17, 1997 passed by the Central Government Industrial Tribunal No. 1, Dhanbad (respondent No. 1) in Reference No. 45 of 1993 holding that the demand of the Union to departmentalise and treat eighteen Tyndal Mazdoors etc. whose names appear in the annexure as regular-workmen on the rolls of the Colliery is justified and directing the management to reinstate and regularise/ departmentalise the concerned workmen as permanent Tyndal of the management with effect from July 1, 1990 with at least 30% of full back wages.
(2.) The following dispute was referred for adjudication to the Tribunal: "Whether the demand of Janta Mazdoor Sangh that the management of Moonidih Project of BCCL, P.O. Moonidih, Dist. Dhanbad should departmentalise and treat as regular workmen on the rolls of the colliery, 18 Tyndal Mazdoors etc. whose names appear in the Annexure is justified? If not, to what reliefs are these Tyndal Mozdoor etc. entitled?" JUDGEMENT_85_LLJ1_2007Html1.htm
(3.) The case of the Union in short was that the workmen were employed by the management in various permanent and perennial natures of jobs since 1986. They claimed regularisation but the management stopped them from work after the dispute was raised by the Union. Engagement of the contractor "M/s. New Jhang Transport" was a camouflage. Under NCWA III and IV it was agreed that the Industry shall not employ labour through contractor or engage contractor's labour on jobs of permanent and perennial nature and also that the jobs of permanent and perennial nature which were being done departmentally will continue to be done by regular labour. In support of its claim, the Union examined the contractor Mewa Singh as WW1 who inter alia, stated that he established the firm M/s. New Jhang Transport as the management had asked him that it will facilitate easy payment.;