The main legal point established in the judgment is that the engagement of workers by a contractor for a specific and complex task does not automatically confer the status of 'workmen' of the original employer, and the completion of 240 days of work does not guarantee the same.

D.N. Patel, J.

This Letters Patent Appeal has been preferred by the original respondent No. 1 of a writ petition being W.P. (L) No. 1529 of 2004. This writ petition was preferred by the respondent-Management, challenging the award passed by the Industrial Tribunal, Ranchi, in Reference Case No. 12 of 1994, award dated 30.03.2003. This writ petition, preferred by the respondent-Management was allowed by the learned Single Judge vide judgment and order dated 23.04.2010, and the award passed by the Industrial Tribunal, Ranchi in Reference Case No. 12 of 1994 dated 30.3.2003 was quashed and set aside mainly on the ground that the workmen who raised industrial dispute were in fact not the workmen within the meaning of Section 2(s) of the Industrial Disputes Act, 1947 (for the sake of brevity here-in-after referred to as the 'Act, 1947') of the Management of the Bokaro Steel Plant. In fact they were the employees of M/s Trinity Technology Group (T.T.G.) to whom the contract was given by M/s. Bokaro Steel Plant. On this ground, writ petition preferred by the Management was allowed by the learned Single Judge, and hence, the present workmen has preferred the present Letters Patent Appeal.

2. Factual Matrix :

- It appears from the facts of the case that M/s Bokaro Steel Plant is a steel manufacturing company. The main object of this company was or the goal to achieve is to manufacture varieties of steels which are manufactured as per the requirement of the customer. There is a captive consumption plant which manufactures Coke. This Coke is produced from Coal. The Coke is required to be blast in the furnace so that from iron ore percentage of carbon can be reduced and steel can be manufactured. The reduction agent is a Coke. Thus, there is integrated plant of manufacturing of Coke.

- For the efficient manufacturing and blasting of Coal in the furnace or the production of the hot metal Coke, Oven Plant requires Coke Oven Battery and other ancillaries units. From similarly situated Bhilai Steel Plant-a comparatively older plant, from where, experiences was shared, for the efficient functioning or the working of Coke Oven Battery, Goose Neck and Oven Door which must be maintained properly. This is a very super technical and complex nature of work for which Workmen within the meaning of Section 2(s) of the Act, 1947, of Bokaro Steel Plant cannot be engaged for such type of highly complex nature of work as Bhilai Steel Plant has given a similar contract, to be given at the Bokaro Steel Plant.

- Thus, for partial modernization of efficient working of Coke Oven Plant, Coke Oven Battery has to work efficiently for which Goose Neck and cleaning of the Oven Door has to be done highly efficiently. Out of verities of methods to achieve this goal, for making the machinery more productive and more efficient, help of a contractor namely, M/s. Trinity Technology Group was taken by the Bokaro Steel Plant.

- It farther appears that M/s. Trinity Technology Group has to engage skilled workers for cleaning of the Goose Neck and for cleaning of the Oven Door with the help of the High Pressure Water Jet. This efficient work can be done by using High Pressure Water Jet, for such a technical work, contractor-M/s. Trinity Technology Group has to engage its own employees. This type of employees are technically known in the labour jurisprudence as "Contractor's Employees".

- The work of installation, operation, maintenance and testing was given to M/s. Trinity Technology Group. The work was over as alleged by the Management as on 30.9.1992. In paragraph-16 of the written statement, filed before the Industrial Tribunal, Ranchi in Reference Case No.12 of 1994, whereas as per the workers the said work was completed as on 16.3.1991.

- From 01.10.1992 the contract of installation and operation was over by M/s. Trinity Technology Group. As installation, operation and testing etc., was over, the work of the contractor was also over. Once there was end of the contract by M