EMPLOYEES MANAGEMENT OF BHULI TOWNSHIP ADMINISTRATION OF BCC LIMITED Vs. PO CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL II

JUDGEMENT

(1.) As both the appeals arise out of a common judgment passed in CWJC No. 761 of 1996 (R), they were heard together and are being disposed of by this common judgment. On the basis of the following reference, the award in question was passed on December 19, 1995 in Reference Case No. 141/1992 (old)/89/1995 (new).

(2.) The case of the contractors labourers, inter alia, was that Shri Chandradeo Prasad and 65 other workmen, as per the list, were working as Mistry, Plumber, Helper and Fitter for maintaining hand pumps and the water line for supply of water in the quarters of Bhuli township; the job was permanent in nature and they were regularly working since October, 1978; the tools etc. were supplied by the management and they used to repair hand pumps on the basis of slips which were issued by the supervisor on receiving complaint, therefore, they were under direct control and supervision of the Management; they were not given the same scale of wages and allowances, paid to other regular employees.

(3.) The case of the Management, inter alia, was that there was no employer-employee relationship as contracts were awarded to different parties for ensuring proper functioning of hand pumps; the workmen were working under the contractor, Shri Shambhu Nath Pandey; the contractor as well as supervisors and munsi used to inspect the proper working of handpumps; the contractor submitted his bills; he used to select the workmen, as per his requirement, from time to time; usually, he engaged about 10 to 12 workmen; however during dry season and emergency conditions the strength of workmen could go up to 30 but in no case 65 of them were engaged at any point of time; the contractor exercised control over his workmen, who were temporary and casual, engaged from time to time considering the duration of contract; most of the persons in this case are outsiders and job seekers making attempts to get themselves engaged into the service through back door method; they did not work under the Management or under any contractor; engagement of contract labour on civil construction work and allied nature have not been prohibited under the Contract Labour (Regulation and Abolition) Act, 1970; the Union has no right to demand regularisation; it is incorrect that the labourers are working from October, 1978; the maintenance work of hand pumps is not permanent but it is of intermittent nature; and that the labourers are not paid below the prescribed minimum wages.