M.Y. Eqbal, J.

1. In this writ application the petitioner who is the management of Bhuli Town Administration of M/s. Bharat Coking Coal Limited has challenged the award dated 29.12.1997 passed by the Central Government Industrial Tribunal No. 2, Dhanbad in reference case No. 165 of 1993.

2. The Central Government vide its order dated 14.9.1993 referred the following dispute to the tribunal for adjudication. "Whether the action of the management of M/s. Bharat Coking Coal Ltd., Koyla Bhavan, Dhanbad in not giving employment to S/Shri Anil Kumar and 90 others is justified? If not, to what relief the concerned workmen are en-" titled?"

3. The case of the concerned workmen is that there is township of M/s. BCCL at Bhuli having quarters for coal workers, dispensaries, hospitals, schools etc. as offices under the direct supervision and control of BCCL. It consist of five blocks. The management of three blocks of that township was , transferred to BCCL in 1986. The concerned workmen were working in the newly constructed block D and F since October 1978 under BCCL. The concerned workmen while so working continuously for more than 240 days in a particular year, their union demanded regularization of their services. It was on 28.2.1986 the concerned workmen were removed without assigning any reason. The union therefore sought regularization of their services. The concerned workmen claimed to be the workmen directly under the control and supervision of management of BCCL.

4. The case of the petitioner management on the other hand is that Bhuli Town Administration has five blocks. So far block A, B and C are concerned those were in existence from before 1978 and were under the control of Coal Mines Labour Welfare Organization of the Central Government. The quarter situated therein were allotted to the workers of the management for which management used to pay rent to the welfare organization. The sanitation work, cleaning, sweeping etc. of quarters use to be done by the workers occupying the quarter. The quarter of block D and E were allotted to the worker and the management with the help of the contractor used to remove garbages from the road side dumps and one Shri Tarun Banerjee was appointed as contractor for that purpose who has been doing duties with the help of workmen numbering 35 since 1982. Thereafter, the management decided to abolish the contract system in the year 1986 when all five blocks came under the management and control of BCCL.

5. The tribunal formulated the following points for the purpose of deciding the reference :

(1) Whether there was any relationship of employer and employee between the management and the workmen concerned in respect of Bhuli Town Administration at any point of time and,

(2) If so, if the workmen concerned are entitled to be employed by way of reinstatement?

6. The tribunal after considering the evidence, both oral and documentary, recorded a finding that the concerned workmen were serving at different blocks under the then Sr. Administration Officer, Town Ad-ministration. The tribunal however further came to a finding that even the worker engaged by the contractors was for the benefit of the management of M/s. BCCL it shall be presumed that there existed relationship of employer and employee between the management and the workmen. The tribunal therefore, held that the concerned workmen are entitled to be reinstated and regularized in employment.

7. Mr. A.K. Mehta learned counsel appearing for the management assailed the impugned award as being contrary to law and the facts on record. Learned counsel submitted that in view of the finding recorded by the tribunal no award of reinstatement or regularization could have been given by the tribunal. Learned counsel put heavy reliance on the decision of the Supreme Court in the case of Steel Authority of India Ltd. v. National Union Waterfront Workers, 2001 (7) SCC 1. Learned counsel also relied upon the judgment of this Court in the case of LPA No. 297