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2017 Supreme(Jhk) 1396

RAJESH SHANKAR
Their Workmen – Appellant
Versus
Employer in relation to the Management of Bhalgora Area of Bharat Coking Coal Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S.K. Bakshi
For the Respondent: A.K. Mehta

ORDER :

RAJESH SHANKAR, J.

1. The present writ petition has been filed for quashing the award dated 31.5.2012 passed by the Presiding Officer, Central Government Industrial Tribunal No. 1, Dhanbad (in short CGIT) in Reference No. 40 of 1996 (Annexure-12 to the writ petition) whereby, the reference has been answered in favour of the respondent-Management holding that the demand of the Union for regularization of the concerned workmen is not justified. The brief facts of the case, as stated in the writ petition, is that the concerned workmen Sri Gorelal Paswan and 32 others were working at Borragarh siding of M/s. BCCL as "shale picker" and "pusher" since 1988. The Union of the concerned workmen demanded their regularization. However, the conciliation failed and the failure report was sent to the Ministry of Labour, Government of India, who in turn refused to refer the dispute to the concerned Tribunal. A writ petition being C.W.J.C. No. 168 of 1996(R) was filed before Ranchi Bench of the Patna High Court, which was disposed of vide order dated 14.5.1996 directing the Government of India to pass appropriate order. Thereafter, the Ministry of Labour, Government of India referred the dis

















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