1. In this Appeal the appellant has prayed for setting aside the order/judgment dated 17.5.2006 passed by the learned Single Judge in C.W.J.C. No. 180 of 1998 (R) whereby the award passed on 7.8.1997 by the Central Industrial Tribunal No. 1, Dhanbad in Reference Case No. 183 of 1989 has been set aside.

2. THE BRIEF FACTS OF THE CASE ARE AS UNDER

(i) That, the workmen were engaged for supplying drinking water in the residence of the employees and office of the management on piece rate basis, due to water scarcity in absence of adequate water supply system.

(ii) That, the concerned workmen used to bring water from the taps and wells and other reservoirs on Bhar of two tins at a time with the help of bamboo and they were employed by the management to supply water to the workers and staff and also to the officers' quarters, offices, mines and at other places of mining operations.

(iii) That, in the Kuju area of the management particularly in Arra and Sarubera Collieries, there was no adequate water supply system and supply of water to the workers/staff, office and mines and carrying mining operations were maintained by engaging mazdoors commonly known as Water Carriers.

(iv) That