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2014 Supreme(Jhk) 432

R.BANUMATHI, SHREE CHANDRASHEKHAR
Their Workmen, Bihar Colliery Kamgar Union – Appellant
Versus
Bharat Coking Coal Ltd. – Respondent


Advocates:
Advocate Appeared
For the Appellant : M/s. Satish Bakshi, S.K.Laik
For the Respondents: Mr.Anoop Kumar Mehta

R.Banumathi,C. J. The present appeal is directed against the order dated19.7.2013 passed in W.P(L) No.3015/2001, in and by which the learned Single Judge allowed the writ petition, setting aside the award dated 26.12.2000 passed by the Central Government Industrial Tribunal No.1, Dhanbad, in Reference No.28/1992.

2. Brief facts: The sponsoring Union, i.e. Bihar Colliery Kamgar Union, had made a demand for regularization of Sunder Dusadh and twenty-six others on the roll of Loyabad Coke Plant of M/s. Bharat Coking Coal Ltd. (BCCL) on the ground that they have been working in the permanent nature of job since long under the direct control and supervision of the Management of Loyabad Coke Plant of BCCL, but they are being paid less wages than the wages prescribed under the National Coal Wage Agreement and the wages are being disbursed in the name of intermediary, which does not control and supervise the work of the concerned persons. On the basis of the demand made by the sponsoring Union, conciliation proceedings took place before the Assistant Labour Commissioner (C), Dhanbad, who submitted failure report. By the order dated 26.3.1992, the Central Government had referred the followi





































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