R. Banumathi, C.J.––The present appeal has been preferred against the judgment and order dated 24.11.2011 passed in W.P. (L) No.2911 of 2001 by the learned Single Judge, whereby the writ application preferred by the appellant has been dismissed affirming the award dated 22.12.2000 passed by Central Government Industrial Tribunal, Dhanbad under which 287 Casual Wagon Loaders were ordered to be regularized as permanent workmen in Reference Case No.50/91.

2. The brief facts are as follows-

All the concerned workmen were working under the contractor Surat Pandey prior to 1983 as Contract Labour. They were doing job of wagon loading since before the colliery was nationalized with effect from 01.08.1973 under Non-Coking Coal Mines (Nationalization) Act, 1973. Subsequently loading of coal has been declared a prohibited job prohibiting employment of casual labour in loading of coal under the Contract Labour (Regulation and Abolition) Act, 1970. They continued working as such even after nationalization of the colliery. But even after a long lapse of time, they were not regularized in job. That gave rise to a peaceful agitation demanding regularization by the concerned workmen and that led to an industrial dispute and complaint by Trade Unions before the A.L.C. (C), Hazaribagh and the dispute was conciliated by him. A settlement dated 13.08.1983 was arrived at in which it was agreed by the Management that all 412 Wagon Loaders will be departmentalized as Casual Wagon Loaders. It was further agreed that with effect from 01.09.1983, 311 persons will work as Casual Wagon Loaders and the rest 101 will be subject to arbitration proceedings. Out of 311, only 288 persons were found medically fit who were engaged as Casual Wagon Loaders. Pursuant to the said agreement, the concerned workmen were enrolled as casual wagon loaders by the Management. Further on 6.9.1985, another Tripartite Settlement was entered, wherein it was decided that a list of 245 Casual Wagon Loaders will be maintained over and above the present strength of 283 and the services of Casual Wagon Loaders will be utilized when railways increase the supply of wagons.

3. The workmen of Rajhara Colliery of Central Coalfields Ltd. raised an industrial dispute for regularization of 287 Casual Wagon Loaders, who were alleged to be engaged for wagon loading from the year 1983 pursuant to a Tripartite Settlement dated 13-8-1983. The conciliation ended in failure but appropriate Government did not refer the dispute for adjudication. Thereafter, a writ application vide C.W.J.C. No.1786 of 1990(R) was filed before this Court for a direction to an appropriate authority to refer the matter to Tribunal for resolving the dispute and the said writ application was allowed. Then the following dispute was referred for adjudication by an order no.L-20012(271)/89 IR (Coal-I) dated 29.04.1991:-

“Whether the demand that Shri Jirwa Noniain and 287 other Casual Wagon Loaders indicted in the Annexure be regularized in the service of the management of Rajhara Area of Central Coalfields Ltd. is justified? If so, to what relief are the concerned workmen entitled and from what date?”

4. In the Tribunal, the workmen demanded regularization on the grounds that (i) the work is of permanent and perennial in nature; (ii) they are working since long and in fact, each of the workmen individually has worked for more than 240 days in a calendar year and (iii) after abolition of the contract labour system, these workmen ought to be treated as contract employees of the management.

5. The Tribunal held that the employer and employee relationship between the Management and concerned persons exist and they will be deemed to be the workmen of the Management as the work of loading of coal is of prohibitory in nature. The Tribunal further held that the workmen have worked for more than 240 days in a calendar year and as such, they are entitled to be regularized. On those findings, the Tribunal, vide award dated 22.1