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2014 Supreme(Jhk) 648
IN THE HIGH COURT OF JHARKHAND AT RANCHI
R. Banumathi, Chandrashekhar, JJ.
Employers in relation of the Management of Bhagaband Colliery of M/s. Bharat Coking Coal Ltd. - Appellant
Versus
Their Workmen being represented by Sri D.Mukherjee s/o not known to the appellant, Bihar Colliery Kamgar Union - Respondent
L.P.A. No.368, 371 of 2013
Decided on : 27th, June, 2014
For the Appellant (In both cases) : Mr. Anop Kumar Mehta
For the Respondent (In both cases): Mr. Sarju Prasaad
The Tribunal's finding of direct employment and regularization was based on erroneous presumption and misappreciation of evidence.
Headnote:
Regularization - Industrial Dispute - CLRA Act - NCWA-IV - [SUMMARY OF ACT SECTIONS]
Fact of the Case:
The workmen sought regularization as Miner/Loader under a settlement between the Management and Union. The Tribunal directed regularization and payment of wages as per NCWA-IV. The Management challenged the identification of beneficiaries of the award.
Finding of the Court:
The Tribunal's finding that the workmen were directly under the control of the Management was based on misappreciation of evidence. The order of the learned Single Judge and the award were set aside.
Issues: Validity of the Tribunal's finding on direct employment, regularization, and identification of beneficiaries.
Ratio Decidendi: The Tribunal's finding of direct employment and regularization was based on erroneous presumption and misappreciation of evidence.
Final Decision: The order of the learned Single Judge and the award were set aside, and the Letters Patent Appeals were allowed.
R. Banumathi, C.J.
LPA No.368/2013 arises out of the order dated 25.9.2013 passed in CWJC No.1140/1994(R) confirming the award dated 14.8.1992 passed by the Central Government Industrial Tribunal in Reference Case No.110/1990 directing departmentalization of the workmen as General Mazdoor in Category-I and pay them back wages as per NCWA. LPA No.371/2013 arises out of the order dated 25.9.2013 passed in
CWJC No.3109/1998(R) confirming the order dated 7.9.1998 passed by the same Tribunal in Misc. Case No.1/1998 identifying only 36 workmen as beneficiaries of the award dated 14.8.1992 rendered in Reference Case No.110/1990.
2. The case of the respondent-workmen is as follows:-
One Jogeshwar Singh and other concerned workmen had been working as permanent underground workmen at Bhagaband Colliery of Kendwadih Section since long and they had been performing the jobs of underground stone-cutters regularly and continuously. On some occasions, they also performed other permanent nature of underground jobs such as making duggies for roof supporting and lime packing. The concerned workmen were permanent employees of the Management; but they were stopped from duty in violation of the mandatory provisions of the industrial laws. A settlement was arrived by the Management in consultation with all the Central Trade Unions to absorb all the underground contractors? workmen engaged in prohibited category of jobs who had put in 190 days attendance as Miner/Loader. In pursuance of the aforesaid decision, which was communicated to all the General Managers by order dated 8/9.5.1986 issued by the Director (Personnel), the Union demanded that the concerned workmen should be regularized as Miner/Loader as per the Company’s decision. According to the workmen, even though the concerned workmen had worked as underground workmen since long from 1983-86, still they were illegally stopped from duty. The Union had prayed that the Management be directed to regularize/departmentalise the concerned workmen in service as Miner/Loader with effect from the date of issuance of the Circular dated 8/9.5.1986 with all arrears of wages and backwages.
3. An industrial dispute was raised before The Assistant Labour Commissioner (Central) Dhanbad alleging that they were working in the underground in prohibited categories of work under the direct control and supervision of the Management. The conciliation was taken up but failed. The Ministry of Labour, Govt. of India by its order No. L-20012(6)/88-IR (Coal-I) dated 08-05-1990 referred the dispute to the Industrial Tribunal No.1 Dhanbad as Reference Case No.110 of 1990 with the following reference:-
“Whether Sri Jogeshwar Singh and 51 other workmen as per list enclosed have actually worked during 1983 to 1986 in the various job of which contact was given to Sri Jogeshwar Singh Contractor, Dhanbad. If so, whether the management of Bhagaband Colliery under the Putkee Balihari Area of M/s Bharat Coking Coal ltd. is justified in not regularizing/departmentalizing these workmen as miner/loader? If not, to what relief these workmen are entitled.”
The Tribunal by award dated 14-08-1992 answered the Reference directing the Management to regularize/departmentalise the concerned persons as General Mazdoor in Category I and to pay them wages as per NCWA-IV with effect from 8-5-1990. The appellant preferred S.L.P (C) NO. 3186 of 1994 before the Hon?ble Supreme Court but the same was withdrawn and a Writ was filed being CWJC No.1140 of 1994 and the operation of the impugned order stayed. After hearing, the said writ was dismissed.
4. In the writ petition, CWJC No.1140/1994(R), order dated 20.4.1998 was passed by the learned Single Judge referring the matter to the Industrial Tribunal to identify the workmen for the purposes of payment of last drawn wages under Section 17B of the Industrial Disputes Act to the affected workmen. Out of 52 workmen, 41 finally appeared and amongst them, only 36 workmen were identified as beneficia
