Sujit Narayan Prasad, J. - (1.) Both the writ petitions have been listed together for analogous hearing, therefore, the analogous hearing has been done and are being disposed of by this common order.
(2.) Before going into the factual aspect it needs to refer that W.P.(L) No.3796 of 2016 has been filed by M/s. Bharat Coking Coal Limited while W.P.(L) No.5881 of 2016 has been filed by Dhanbad Colliery Karamchari Sangh. Both the writ petitions questions the order passed by the Deputy Chief Labour Commissioner (Central), Dhanbad in application No.35(1)/2010-A7 whereby and whereunder the following order has been passed. "1. All the Drivers, who are working under the Vehicle Owners, with whom BCCL has entered into contract, shall be paid daily wage @ Rs.540/- per day for 8 hours work in a day and this wage shall be reimbursed by the Principal Employer i.e. BCCL to the contractors as BCCL is the end user of the vehicles as well as the services of the Drivers. The payment of this wage shall be credited to the individual bank accounts of the Drivers every month. 2. Those Drivers, who have been working for more than 10 years, will get 10% more wages and those, who have been working for the last 10 years but more than 5 years will get 5% more wages to ensure proper justice to them so that there will not be any heart burn among the Drivers. 3. There shall be 10% (Ten per cent) increase in the daily wage every year. 4. Extra work done, over and above 8 hours by the Drivers, shall be paid overtime @ double the rate of wages per hour as per the provision of Contract labour (R and A) Act, 1970 and Central Rules made thereunder. 5. The Drivers will be eligible to get the benefit of all welfare facilities as provided under the Act. 6. Since the Drivers have been working since last 7 to 80 years at very meagre wages they should be paid lump sum arrears for at least five years (2011 to 2015) @ Rs.30,000/- per year as the contractors did not produce Wage Registers to calculate the arrears. The actual wages of Rs.540/- shall be made payable from January 2016. 7. If the Principal Employer intends to challenge this decision in the Hon'ble High Court, it will have to deposit Rs.6,28,50,000/- (Rupees Six crores twenty-eight lakhs fifty thousand only) with this Authority so that the sufferings of the Drivers can be alleviated during the pendency of the proceedings and this Authority would disburse the arrears to the Drivers. 8. No Contractor (Vehicle Owner) can terminate the services of any Driver who are parties to this decision. If any Vehicle Owner is disengaged, the Principal Employer would get the driver engaged under the next contractor who gets the contract. This is directed with a view to maintain industrial peace and harmony in BCCL which is a public utility service. If any vehicle Owner terminates the service of any driver, the Principal Employer will black list such Vehicle Owner (Contractor)."
(3.) The factual aspect in brief as per the pleadings made in these writ petitions are that the applicant on behalf of the contract drivers filed an application before the Deputy Chief Labour Commissioner on 29.11.2010 praying therein that the drivers are being paid less wages which is contrary to the provisions of Minimum Wages Act as also prayed therein to treat them at par with the regular drivers working under the Management M/s Bharat Coking Coal Ltd.;