JUDGMENT

Abhay Manohar Sapre, J.

1. Leave granted.

2. This civil appeal is filed by the unsuccessful writ petitioners against the judgment and order dated 17.06.2011 passed by the High Court of Jharkhand at Ranchi in L.P.A. No. 447 of 2009 which arises out of the order dated 03.09.2009 passed by the learned single Judge of the High Court in C.W.J.C. No. 616 of 1999(R).

3. By impugned judgment, the Division Bench dismissed the appellants’ intra court appeal and upheld the order of the writ court, which had dismissed the appellants’ writ petition and in consequence upheld the award dated 21.12.1998 passed by the Labour Court in Reference Case No. 75 of 1995.

4. In order to appreciate the controversy involved in this appeal, it is necessary to set out the facts in detail.

5. The respondent -M/s Bharat Coking Coal Ltd (hereinafter referred to as “the BCCL”) is a Government of India undertaking. It is engaged in the business of manufacture and sale of various kinds of coal. It has a colliery at Dhanbad, Jharkhand known as "Sudamdih Coal Washery”.

6. On 24.07.1974, the BCCL invited tenders for construction of Washery on Turnkey basis for running the colliery. The contract was awarded to