The completion of 240 days of work does not automatically entitle a worker to regularisation.

D.N. Patel, J.

1. This Letters Patent Appeal has been preferred by the Original Petitioner, whose writ petition, being W.P.(L) No. 3185 of 2003, was dismissed by the learned Single Judge vide judgment and order, dated 24th June, 2010, whereby the award, dated 6th September, 2002, passed by the Central Government Industrial Tribunal No. 1, Dhanbad in Reference No. 38 of 1991 was upheld and hence, the Original Petitioner has preferred the present appeal. The Central Government Industrial Tribunal No.1, Dhanbad, has passed the aforesaid order for regularisation of the employees, for whom Reference was made mainly on the ground that these employees have worked for 190 days and 215 days, except an employee at Serial No. 17, whose name is Jiondra Yadav.

2. Having heard counsels appearing for both sides and looking to the facts and circumstances of the case, it appears that fire broke out in one of the coal mines of the appellant. Steps were to be taken by the appellant Management for prevention of fire in future also, for which they engaged a Contractor, viz. “Kankanee Shramik Sahyog Samity Ltd.” (Hereinafter to be referred to as “Contractor”).

3. The purpose of engaging this Contractor was for digging out earth, planting and watering of saplings and employees of this Contractor used to carry out such work. This Contractor was engaged in the year 1987.

4. A Reference was made by the appropriate Government, under Section 10 of the Industrial Disputes Act, 1947, for regularisation or otherwise of the employees of Contractor, being Reference No. 38 of 1991.

5. Evidences were led by both the parties, viz. Management as well as Workmen, and on the basis of evidences on record, Central Government Industrial Tribunal No.1, Dhanbad has passed the aforesaid Award on 6th September, 2002 regularising the services of the employees, except the workman at Serial No. 17, whose name is Jiendra Yadav.

6. Being aggrieved and feeling dissatisfied by the Order dated 6th September, 2002, in Reference Case No. 38 of 1991, this appellant has preferred W.P.(L) No. 3185 of 2003, in which stay was granted on 9th July, 2003 against the operation, implementation and execution of the Award and later on, writ petition was dismissed vide judgment and order dated 24th June, 2010 and hence, Original Writ Petitioner has preferred the present Letters Patent Appeal.

7. Having heard counsels appearing for both sides and looking to the facts and circumstances of the case, it appears that from the very beginning stand of this appellant-management, as is apparent from Paragraph Nos. 12, 15, 17 of the Written Statement (Annexure 1 to the memo of the Letters Patent Appeal), before the Central Government Industrial No.1, Dhanbad, was that the workers, for whom the Reference was made for regularisation, were employees of the Contractor. The contract was given for digging earth, planting and watering of plants. Evidence was also given by the Management Witnesses to this effect, especially by Management Witness No.1. There are also other documentary evidences on record, such as M-2 and M-2/1.

8. Looking to these evidences on record, it appears that the workers, for whom the Award for regularisation has been passed, were, in fact, the workers of the Contractor.

9. It further appears from the evidences on record that the Contractor was engaged because fire broke out in one of the coal mines of the appellant. Steps were to be taken by the appellant Management for prevention of fire in future also, for which they had engaged a Contractor. Workers of this Contractor were digging earth, planting and watering the saplings. These works have got nothing to do with the main work of M/s Bharat Coking Coal Limited. Nature of work appears to be purely adhoc in nature. Workers of the Contractor were never engaged for main and principal work of M/s Bharat Coking Coal Limited. It further appears from the evidences on record that the workers, who were employed by the Contractor, were doing the