D. N. Patel, J. - (1.) This Letters Patent Appeal has been preferred by the original respondent No. 1 of a writ petition being W.P. (L) No. 1529 of 2004. This writ petition was preferred by the respondent-Management, challenging the award passed by the Industrial Tribunal, Ranchi, in Reference Case No. 12 of 1994, award dated 30-3-2003. This writ petition, preferred by the respondent-Management was allowed by the learned single Judge vide judgment and order dated 23-4-2010, and the award passed by the Industrial Tribunal, Ranchi in Reference Case No. 12 of 1994 dated 30-3-2003 was quashed and set aside mainly on the ground that the Workmen who raised industrial dispute were in fact not the Workmen within the meaning of Section 2 (s) of the Industrial Disputes Act, 1947 (for the sake of brevity hereinafter referred to as the "Act, 1947") of the Management of the Bokaro Steel Plant. In fact they were the employees of M/s. Trinity Technology Group (T.T.G.) to whom the contract was given by M/s. Bokaro Steel Plant. On the ground, writ petition preferred by the Management was allowed by the learned single Judge, and hence, the present Workmen has preferred the present Letters Patent Appeal.
(2.) Factual Matrix : • It appears from the facts of the case that M/s. Bokaro Steel Plant is a steel manufacturing company. The main object of this company was or the goal to achieve is to manufacture varieties of steels which are manufactured as per the requirement of the customer. There is a captive consumption plant which manufactures coke. This coke is produced from coal. The coke is required to be blast in the furnace so that from iron ore percentage of carbon can be reduced and steel can be manufactured. The reduction agent is a coke. Thus, there is integrated plant of manufacturing of coke. • For the efficient manufacturing and blasting of coal in the furnace or the production of the hot metal coke, Oven Plant requires Coke Oven Battery and other ancillries units. From similarly situated Bhilai Steel Plant-a comparatively older plant, from where, experience was shared, for the efficient functioning or the working of Coke Over Battery, Goose Neck and Oven Door which must be maintained properly. This is a very super technical and complex nature of work for which Workmen within the meaning of Section 2(s) of the Act, 1947, of Bokaro Steel Plant cannot be engaged for such type of highly complex nature of work as Bhilai Steel Plant has given a similar contract, to be given at the Bokaro Steel Plant. • Thus, for partial modernization of efficient working of Coke Oven Plant, Coke Oven Battery has to work efficiently for which Goose Neck and cleaning of the Oven Door has to be done highly efficiently. Out of varities of methods to achieve this goal, for making the machinery more productive and more efficient, help of a contractor namely, M/s. Trinity Technology Group was taken by the Bokaro Steel Plant. • It further appears that M/s. Trinity Technology Group has to engage skilled workers for cleaning of the Goose Neck and for cleaning of the Oven Door with the help of the High Pressure Water Jet. This efficient work can be done by using High Pressure Water Jet, or such a technical work, contractor M/s. Trinity Technology Group has to engage its own employees. This type of employees are technically known in the labour jurisprudence as "Contractor's Employees". • The work of installation, operation, maintenance and testing was given to M/s. Trinity Technology Group. The work was over as alleged by the Management as on 30-9-1992. In paragraph-16 of the written statement, filed before the Industrial Tribunal, Ranchi in Reference Case No. 12 of 1994, whereas as per the workers the said work was completed as on 16-3-1991. • From 1-10-1992 the contract of installation and operation was over by M/s. Trinity Technology Group. As installation, operation and testing etc., was over, the work of the contractor was also over. Once there was end of the contract by M/s. Bokaro Steel Plant obviously, there was no need of the workers of the contractor and now these workers of the contractor raised an industrial dispute and the said dispute was spoused by the Trade Union, and ultimately reference was made under Section 10 of the Act, 1947 to the effect whether there was relationship of employer and employees (it ought to be kept in mind that word is "Workmen") between Bokaro Steel Plant and Shri H. Giri and 58 other labourers mentioned in the schedule and whether to prevent them from doing operational work from 1-10-1992 is proper. This reference was made under Section 10 of the Act, 1947, and ultimtely award was passed in favour of this appellant, vide award dated 30-3-2003. • This award was challenged by the Management in writ petition being W.P.(L) No.1529 of 2004 which was allowed by the learned single Judge by judgment and order dated 23-4-2010 and the award passed by the Industrial Tribunal, Ranchi in Reference Case No. 12 of 1994 was quashed and set aside, and hence, this appellant has preferred this Letters Patent Appeal.
(3.) The arguments canvassed by the counsel for the appellant : I. Counsel appearing for the appellant has submitted that after installation and erection work was over on 16-3-1991, this appellant Workmen continued their work up to 31-9-1992, and hence, their services cannot be terminated in violation of Section 25(f) of the Act, 1947. This aspect of the matter has not been properly appreciated by the learned single Judge while allowing the writ petition, preferred by the Management. II. It is further submitted by the counsel for the appellant that they have worked for more than 240 days in one continuous year. This aspect of the matter has not been properly appreciated by the learned single Judge. III. It is further submitted by the counsel for the appellant that after the contrct was over on 16-3-1991, second contract was never given to M/s. Trinity Technology Group. This aspect of the matter has also been pointed by the witnesses of the Management, i.e., M.W.-1, M.W.-2 and M.W.-3. Even training was given to this appellant, identity cards etc., have also been given by the Bokaro Steel Plant, these aspects of the matter have not been properly appreciated by the learned single Judge while allowing the writ petition preferred by the respondent-Management. IV. Counsel for the appellant has relied upon the following decisions :- (a) AIR 1964 SC 477, (b) AIR 1978 SC 1410, (c) AIR 1988 SC 2168, (d) (2001) 7 SCC 1 : (AIR 2001 SC 3527). (e) (2005) 10 SCC 792 : (AIR 2005 SC 2799). (f) AIR 2008 SCW 3996, (g) 2014 (2) JLJR 329 : (2014 (2) AJR 751) (h) 2015 AIR SCW 25. V. On the basis of the aforesaid decisions, it is submitted by the counsel for the appellant that once the contract is over and if this appellant have continued to work with this respondent-Management especially when training was given, identity cards have also been given by the respondent-Management, they are the Workmen of the Bokaro Steel Plant, and hence, the judgment and order delivered by the learned single Judge in writ petition being W.P.(L) No.1529 of 2004, dated 23-4-2010, deserves to be quashed and set aside.;