- (1.) PURSUANT to the order dated 6.8.2009, the lower court records have been received and the parties have been heard at length.
(2.) THE petitioner has filed this writ petition challenging the award dated 21.4.2003 passed by the Presiding Officer of Central Government Industrial Tribunal No. 1, Dhanbad, in Reference No. 141 of 1990 (Annexure -1), by which the Presiding Officer of Industrial Tribunal, in answer to the reference made to it held that the demand for regularization of the services of all the contractor's workers engaged in repairing of quarters and handling of goods etc. is not justified and the workmen are not entitled to any relief. The claim of the workmen is that since they continuously worked for more than 240 days in a year in different collieries, and therefore, they are entitled to be taken in regular service of M/s B.C.C.L.
(3.) LEARNED counsel appearing for the petitioner, challenged that findings of the Industrial Tribunal wherein it was stated by the Tribunal that no document was produced on behalf of the workmen to show that the workmen worked more than 240 days in a calendar year. Mr. Samir Saurabh, learned counsel appearing for the petitioner, by referring to some of the unexibited documents filed on behalf of the workmen before the Tribunal, submitted that on behalf of the workmen, copy of the Muster Roll as well as the Work Orders were filed before the Tribunal, but the Tribunal by ignoring all those documents came to the findings that no docu - ment was filed on behalf of the petitioner to show that they worked for more than 240 days, and therefore, the findings of the Tribunal is perverse, since it is not based on materials on record.;