>M.Y.EQBAL. J. - (1.) Heard Mr. Ananda Sen, learned counsel appearing for the appellant, and Mr. Sunil Kumar, learned counsel appearing for the respondent and with their consent, this appeal is disposed of at the admission stage. The appellant, who is the employer in relation to the Management of Rajrappa Washery of Central Coalfields Limited, has assailed the impugned judgment dated October 20, 2008 passed in C.W.J.C. No. 1619/2001 whereby the learned single Judge allowed the writ petition filed by the respondent under Section 17-B of the Industrial Disputes Act and directed the appellant-Management to pay the wages for the workmen equivalent to last wages drawn by them.
(2.) The undisputed facts are that the respondent, the concerned workman, raised an industrial dispute claiming regularization of services on the ground that they have been engaged by the Management in plant cleaning job. The claim of the workman was denied by the Management stating that no relationship of employer and employee existed. The Central Government referred the following dispute to the Industrial Tribunal for adjudication: "Whether action of the Management not to regularize the services of Sri Jitan Mahto and nine others is justified? If not, to what relief they are entitled to?
(3.) The Tribunal heard the reference case along with another reference case and recorded a finding that the concerned workman has been engaged for the plant cleaning job and there existed relationship of employer and employee. between the Management and the concerned workman and they are certainly entitled for regularization. The Tribunal, therefore, passed an award directing the Management-appellant to regularize the service of the workman. '.;