Judgment

JASWANT SINGH, J. - This appeal by special leave is directed against an award dated March 26, 1977 of the Ninth Industrial Tribunal, Durgapur, made in case No. X-39/75 and published vide Notification No. 1624-I. R/IR/10L-84-77 dated April 29, 1977 issued by the Labour Department of the Government of West Bengal.

2. The appellant, M/s. Heckett Engineering Company (India Branch) Burnpur (West Bengal) (hereinafter referred to as the Company) is a division or branch in India of M/s. Harsco Corporation, a limited liability company incorporated and registered in U.S.A. It carries on the business of recovery of iron and steel scrap from slags at its plant located within the Steel works of the Indian Iron and Steel Company Limited, Burnpur. The workmen employed by the company are represented by Heckett Engineering Company (India Branch) Employees Union, Puranhat, Burnpur (hereinafter referred to as the Union) which is recognised by the Company.

3. It appears that Mihir Majhi (hereinafter referred to as the workman) who was employed as a permanent driver by the Company was deputed on October 9, 1974, to carry some materials in Fargo Truck No. WGH 6891 from its Burnpur plant to its Jam