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2018 Supreme(Jhk) 809

D.N.PATEL, AMITAV K.GUPTA
Bharat Coking Coal Limited – Appellant
Versus
Their Workmen being represented by the Organizing Secretary – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M/s Anoop Kumar Mehta
For the Respondents: M/s Sunil Kumar Sinha

JUDGMENT :

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 Cont

























































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