JUDGMENT :

S.N. PATHAK, J.

1. In view of outbreak of COVID-19 pandemic, case has been taken up through Video Conferencing and heard at length. Learned counsel for the petitioner has no objection with regard to the proceeding which has been held through Video Conferencing and there is no complaint in respect to audio and video clarity and quality and after hearing at length, the matter is being disposed of finally.

2. Instant writ petition has been filed with a prayer for quashing the Award dated 21.04.2017, passed by Presiding Officer, Central Government Industrial Tribunal No. 1, Dhanbad in Reference No. 267/94, whereby and whereunder claim of the concerned workman for regularization was rejected and it has been held that the concerned workman was not entitled for any relief.

3. Brief fact of the case is that about 157 workmen were engaged by the BCCL through contractor in Patherdih Coal Washery since the year 1972. The concerned workmen were engaged by the BCCL through the contractors in the Patherdih Coal Washery for a continuous nature of job of washing small particles from washery in the form of slurry and/or separating slurry from water and to dispatch the same to the Thermal Power Stations. In spite of long and continuous services rendered by the concerned workmen, the Management did not take any step for their regularization in service and as such, being aggrieved the concerned workmen raised Industrial Dispute.

4. During conciliation proceeding, the Management identified several workers who used to attend conciliation proceeding along with the representative of concerned Union. During conciliation, the Management took a specific plea that some of the workmen were not genuine and were merely job seekers. The conciliation ended in failure and on the basis of said failure report, the appropriate government referred the dispute to the Central Government Industrial Tribunal No. 1, Dhanbad for adjudication with the following Schedule:

1. Whether 157 workmen, as per list enclosed, which has been submitted by the Secretary, Dhanbad Colliery Kramchari Sangh, Patherdih Coal Washery Branch, Dhanbad, have ever worked with the contractor of Patherdih Coal Washery in Transportation of Middling grade slurry, if not, who are the workmen who have actually worked in the said job?

2. Whether the action of the management of Patherdih Coal Washery under Central Coal Washery Organisation of M/s. Bharat Coking Coal Limited in not regularizing/ departmentalizing the workmen who have actually worked as per (i) above in view of Director (Personnel), BCCL’s Letter No. DP/PS/91/C/5 dated 10.09.1991 is justified? If not, what relief these workmen are entitled to?

5. After receipt of notification from appropriate Government, notices were issued to both sides, who appeared and filed their respective written statements/reply and adduced evidences. After hearing the parties, considering facts and circumstances of the case, evidences adduced by the parties, the Presiding Officer, Central Government Industrial Tribunal No. 1, Dhanbad vide Award dated 21.04.2017 in Reference No. 267/94 rejected claim of the workmen for their regularization and it has been held that the concerned workmen were not entitled for any relief.

6. Mr. Shashi Bhushan Sah, learned counsel appearing for the petitioner vociferously argues that this is a fit case for interference where the poor workmen have been deprived from their legitimate right for regularization. Learned counsel further argues that in process, small coal particles from washery in the form of slurry along with water and the same is deposited in slurry ponds constructed for the purpose of storage. A large amount of coal are deposited in premises of washery which is known as middling, which is about 10-20% of the coal brought to the washery. Middling coal is dispatched to Thermal Power Plants and fine slurry is dispatched to Steel Plant. When the ponds are full, the slurry over flows and mixed with the river water of Damod