Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the parties.
(2.) By the notification dated 17th April, 1999 made by the Central Government, Ministry of Labour under clause (d) of sub-section (1) and sub-section 2(A) of Section 10 of the Industrial Disputes Act, 1947 the following dispute was referred for adjudication to the Tribunal "Whether 92 workmen whose names appearing in the Annexures who are engaged by Sub-Contractor of BHEL, namely, Bihar General Works for working at Kathara Captive Power Plant shall be treated as an employee of M/s. Central Coalfields Ltd.? If yes, whether their demand for regularisation in C.C.L. is justified? If yes, then what direction should be given?" It has been answered by the learned Central Government Industrial Tribunal No. 1, Dhanbad by the impugned Award dated 30.08.2006 passed in Reference No. 52 of 1999 in favour of the workmen. It has held that the plea of the management of M/s. CCL that the concerned persons whose names find place in the list of workers worked in Kathara Captive Power Plant enclosed with the term of reference are not employees of the management is not correct and they should be reinstated in service and regularised in due course. The management was directed to implement the Award within 30 days from the date of publication.
(3.) The sponsoring Union raised an industrial dispute for regularisation of 92 workmen referred in the terms of reference on the ground that they have been working at Kathara Captive Power Plant of M/s. CCL from the year 1988 continuously to the satisfaction of the management in different permanent nature of job under the direct control and supervision of the management and their attendance was more than 240 days in each calender year. Annoyed with their demand for regularisiation and payment of wages under NCWA, they were stopped from attending duty. After their representations failed to redress the grievances they were compelled to raise the industrial dispute.;