JUDGEMENT
RAJESH SHANKAR, J. -
(1.) The present writ petition has been filed for quashing the award dated 27th July, 2015 passed by the Presiding Officer, Central Government Industrial Tribunal No. 1, Dhanbad in Ref. No. 60 of 1997, whereby the learned Tribunal, while answering the reference in negative, has held that the claim of the union for regularisation of Mangu Kumhar and thirty others is not correct.
(2.) Learned counsel for the petitioner submits that though the petitioner as well as the respondent - Management adduced their respective evidences before the learned Tribunal in support of their cases, yet the learned Tribunal without appreciating any evidence vide impugned award dated 27th July, 2015 answered the reference in native, holding, inter alia, that the claim of regularisation of the concerned workmen is not proper. It is further submitted that the claim of the concerned workmen before the learned Tribunal was that they continuously worked under the supervision of the respondent - Management in Bhurungia Project from 3rd February, 1985 to 31st December, 1991. The said workmen used to do the job of stone cutting, however, the said work was being done by regular workmen of the Management of BCCL in other collieries, who used to be paid the wages and allowance for Category V.
(3.) Learned counsel for the petitioner in course of his argument further submits that the evidences were adduced on behalf of the petitioner - Union in support of their claim before the learned Tribunal, however, without discussing any evidence, the reference has been answered in negative and, thus, the impugned award being cryptic in nature may be quashed and set aside.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.