NARENDRA NATH TIWARI, J. - (1.) IN this writ petition, the petitioner has prayed for quashing the award dated 20th March, 2001 rendered by the Central Government Industrial Tribunal No. 1, Dhanbad, whereby the Tribunal has answered the reference in favour of the workmen directing their regularisation.
(2.) THE brief facts of the case is that M/s. Bharat Coking Coal Limited (for short BCCL) awarded a turn key contract to M/s. Mining and Allied Machinery Corporation Limited (for short MAMC), a Government of India Undertaking, by virtue of agreement dated 9th December, 1985. It was for complete design, engineering, supply, delivery to site, erection and commissioning of coal washery of 2.5 Million Tones per annum at the cost of Rs. 72,50,00,000.00 . The said contractor, MAMC, was required to complete the work i.e. erection of the plant within the stipulated time, commission the same and hand over charge to the BCCL. The contractor, MAMC, in order to execute the work, awarded sub -contract to M/s. Hindustan Steel Works Construction Limited (for short HSCL). As the contract involved various types of works, the contractor/sub -contractor engaged sub -contractors having specialization on respective items of work.
(3.) THE sub -contractors engaged by HSCL recruited their own men and employed their own machine. They paid wages to their workers and they were solely responsible for supervising the works and exercising all kinds of control over the same.;