JUDGMENT :

1. With consent of the parties, hearing of the matter has been done through video conferencing. They have no complaint whatsoever about any audio and video quality.

2. The instant appeal preferred under Clause 10 of the Letters Patent is directed against the order/judgment dated 09.12.2020 passed by the learned Single Judge of this Court in W.P.(L) No.3729 of 2018 whereby and whereunder the writ petition has been dismissed refusing to interfere with the award dated 16.01.2018 passed by the Presiding Officer, Central Government Industrial Tribunal No.1, Dhanbad in Reference No.27 of 2015 whereby and whereunder it has been held that action of the management of SAIL Refractory Unit, Bhandaridah in not regularizing services of Punit Mahto and 44 other Badli Workers who were doing permanent and perennial nature of job since long, is not fair and justified and hence they be regularized in service within 30 days from the date of publication of the award in the Gazette of India.

3. The brief facts of the case which require to be enumerated read as hereunder:

As per the pleading, it is the case of the workmen that they have been appointed in pursuance to the tripartite agreement dated 15.09.1985 entered in between Bokaro Steel City, Bharat Refractories Limited and Subsidiary India Firebricks and Insulation Company Limited. The workmen were working in the material handling section of Bharat Refractories Limited, Bhandaridah since long under the direct supervision and control of the management in permanent and perennial nature of job.

The engagement of worker was through contractor as unskilled worker but the same was abolished w.e.f. 31.03.1989 and thereafter a settlement (agreement) was arrived between the Management of Bharat Refractories Limited, Bhandaridah and their workmen on 01.04.1989 whereby and whereunder the management agreed to provide employment to Punit Mahto and others as Badli workmen and also agreed to pay them wages at par with permanent employees of R-1 category, therefore, all the Badli workers came under the direct control of the then management of Bharat Refractories Limited, Bhandaridah which subsequently was implemented by the management w.e.f. 07.04.1989, 14.04.1989, 13.04.1989, 15.04.1989, 16.04.1989 and 17.04.1989 and were employed in regular manner and started paying wages of R-1 categories regularly.

Some of the Badli workers died in harness, as such, the management provided employment to their dependent according to the provision of employment w.e.f. 01.10.1993, 16.06.1993, 16.12.2003, 16.12.2008 and 25.11.2008 and since then they are also working in Mudgunmass section and have completed more than 240 days attendance.

It has further been pleaded that on 10.12.1996 the management Bharat Refractories Limited, Bhandaridah entered into settlement with the Union and agreed to regularize the workmen concerned as permanent employee phase wise. But in violation of the aforesaid settlement dated 10.12.1996, the management did not regularize them as permanent employee and hence, a dispute was raised by the workmen, conciliation having failed, the matter was sent before the appropriate authority who had made reference for its adjudication before the competent Industrial Tribunal having its jurisdiction by making reference to the effect that:

“Whether the action of the management of SAIL Refractory Unit, Bhandaridah in not regularizing the service of Sri Punit Mahato and 44 other Badli workers (list enclosed) who were doing the permanent and Perennial nature of job since long is fair and justified? If not, to what relief the concerned workmen are entitled?”

The Central Government Industrial Tribunal No.1, Dhanbad initiated a proceeding by calling upon the management for their appearance so that they may contest the case. In view thereof, the management appeared, filed written statement and thereafter the award had been passed on 16.01.2018 to the effect that:

“…….

18. Considering the facts and circumstances of this cas