THEIR WORKMEN UNION Vs. THE UNION OF INDIA
LAWS(JHAR)-2017-1-118
HIGH COURT OF JHARKHAND
Decided on January 11,2017

Their Workmen Union Appellant
VERSUS
THE UNION OF INDIA Respondents

JUDGEMENT

APARESH KUMAR SINGH,J. - (1.) Heard counsel for the petitioner, Union of India and BCCL.
(2.) The Ministry of Labour, Government of India by the impugned communication at Annexure-6 dated 16.07.2014, has rejected the application for reference of a dispute raised by the petitioner Union for adjudication on account of the following reasons. "The demand of Rashtriya Colliery Mazdoor Congress, Dhanbad for regularization of Services to S/Sh. Dhirendra Kumar Yadav and 47 others in the Gopalichak Colliery of BCCL cannot be acceded as they never worked under the direct control of the Management of BCCL from 1988-1990. Moreover, the Union failed to produce any documentary evidence like appointment letter, pay Slip, I. D. Card and FORM-B register etc. in support of their claim that they had worked under the direct control of the Management."
(3.) Petitioner Union by representation dated 31.10.2012 to the Assistant Labour Commissioner (Central), Dhanbad sought reference of the dispute relating to illegal and arbitrary denial of regularization of Dhirendra Kumar Yadav and others alleging that they have been working as Shramik Sahyog Samity Cooperative Workers in Gopalichak Colliery of M/s BCCL between the period 1988 to 1991. Their names and designation with their attendance were said to be enclosed with the representation raising their claim of regularization in service on the plea that they were performing permanent nature of job under the direct control and supervision of the Management of Dugdha Colliery under BCCL.;


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