M.Y.EQBAL, J. - (1.) THIS Letters Patent Appeal by the appellant -Workmen is directed against the judgment dated 4.9.2007 passed in W.P. (L) No.1851 of 2006 whereby the learned Single Judge allowed the writ application filed by the respondent -Management and set aside the award passed by the Central Government Industrial Tribunal No.1, Dhanbad in Reference Case No.64 of 1995. By the said award, the Tribunal held that the concerned workmen were entitled for regularization and, accordingly, directed the Management to reinstate 81 workmen in service.
(2.) IT appears from the impugned judgment that the following dispute was referred to the Tribunal for adjudication: - "Whether the demand of the Union for regularization/employment by the management of Bhalgora Area of M/s. B.C.C.L. of Sh. Rama Ashish Paswan and 81 others (as per list annexed), members of a registered Co -operative Society namely Kustore Shramik Sahyog Samiti Ltd. is justified? If so, to what relief are these concerned workmen entitled to - The case of the concerned workmen is that they were the members of Kustore Shramik Sahyog Samiti Ltd, a Co -operative Society, and were engaged by the Management of Murlidih Colliery to work in different time rated jobs of the colliery in the month of April, 1999 and they were continued to work as such till the end of January, 1992. However, in January, 1992, they were stopped from work by the Management when they asked the Management to regularize them in the service. Further case of the workmen is that they were engaged by the Management of Murlidih colliery both in underground and surface of the mine on different time -rated jobs, such as, Stone cutting, tyndals, installation of machines, stopping, etc under direct control and supervision of the Management. They were issued implements for doing day -to -day work by the Management and their attendance were also marked by the management and they were paid wages through the pay -clerk of the management. According to the workmen, they were working in a prohibited category of work like tyndals, stone cutting, etc for more than two years and became entitled to regularization.
(3.) THE case of the management before the Tribunal is that the concerned workmen are the members of the Co -operative Society and they were given some contractual work from 1980 to January, 1992 for doing some temporary work and payments were being made by the Co - operative Society through cheques. The concerned workmen had never worked under the supervision and control of the Management and no relationship of employer and employee exist between the Management of the Huruladih colliery and concerned workmen. According to the Management, the concerned workmen have never worked on permanent and perennial nature of job. As a matter of fact, a Co -operative Society was assigned to do some contractual job of very short duration and purely temporary in nature. The concerned persons were never made payment of wages by the representatives of the Management. The Tribunal after hearing the parties and after considering the evidence held that the relationship of employer and employee has been fully established and since they were working continuously for about three years, they became entitled to be regularized as permanent employee of the Company. Accordingly, the reference was answered in favour of the workmen and the Management was directed to reinstate the concerned workmen into service on permanent wages.;