JUDGMENT :

S.N. Pathak, J.

As the instant Writ petitions arise out of the same Award, they are taken up together and are being disposed of by this common order.

2. The petitioner in (W.P. (L) No. 2098 of 2012) has approached this Court for quashing of the Award dated 22.11.2011 passed by the Central Government Industrial Tribunal No.1, Dhanbad in Reference No. 36 of 2005 whereby and where under the Tribunal has been pleased to answer the Reference in favour of the Respondent-workman holding that he is entitled to be regularized as Instructor in Technical Grade "B" w.e.f. 14.01.1995 with difference of wages and other consequential benefits.

3. The petitioner (in W.P. (L) No. 4840 of 2019) has approached this Court for quashing of the judgement dated 23.4.2019 passed by the learned Presiding Officer, Labour Court, Dhanbad in M.J. Case No.03/2013 whereby the learned Labour Court, Dhanbad has been pleased to direct payment of dues of wages to the Respondent-workman with other consequential benefits w.e.f. 14.1.1995 as per the Award passed in Ref. Case No. 36/2005 by the learned Central Government Industrial Tribunal No. 1, Dhanbad.

4. As per factual matrix, the respondent-workman was appointed as Helper Trainee (Fitter) in Category I on 21.01.90 and was thereafter upgraded to post of Helper (Fitter) w.e.f. 08.02.91. On 22.03.91, the Dy. CPM (MP & P) wrote a letter to the CGM (E&M), Koyla Bhawan mentioning therein that there is an urgent need of Instructor for U/G Mech. Thereafter the petitioner-Management floated the Advertisement for appointment to the post of instructor pursuant to which, the respondent-workman being eligible in all respects applied for the same vide application dated 14.08.01. The Principal, EMTI, BCCL, Dhanbad called upon the Respondent-workman to appear in interview to be held on 25.03.92. Subsequently, the Respondent-workman appeared and was interviewed and upon being found suitable the Respondent-workman was selected as Instructor. However, the appointment letter to that effect has not been received by the Respondent-workman. Thereafter the Respondent-workman was transferred to HRD Department, Kalyan Bhawan. However, on account of certain eventualities, he was not relieved and vide letter No. 21 dated 12.01.93, the GM (HRD) again requested the Project Officer to relieve the petitioner for joining at EMTI, Dhansar for training of the incumbents. But when the Respondent-workman was again not relieved, he moved this Court and pursuant to Court's order the respondent-workman was relieved vide release order dated 18.11.1994. and the petitioner-authorities floated the Advertisement for appointment to the post and subsequently, the workman reported for duty to the G.M. (HRD), BCCL on 19.11.94. However, he was again transferred to join at Experimental cum Training Mine, Godhur vide Release Order dated 19.12.94. Thereafter the Respondent-workman was transferred as Instructor from one place to another and vide Office Order dated 04/13.01.95, the workman was directed to join the Area Training Centre (known as VTC), Kusunda. Subsequently, vide Office Order No. 1640 dated 07.06.95, the workman was sent to undergo Trainers Training Programme wherein his designation was duly mentioned as Fitter Helper/Instructor. The Respondent-workman time and again requested the authorities for re-designation of his post as Mechanical Instructor vide letter dated 10.06.95, 09.08.95 and in pursuance thereof, the Area Personnel Manager, Kusunda VTC requested the G.T.O. to give details about the work assigned to the workman vide letter No. 3595 dated 20.11.95. In reply to the same, the Group Training Officer, VTC issued a letter No. 962 dated 09/12.02.96 stating therein that the workman is working as Mechanical Instructor w.e.f. 14.01.95 till date and his total attendance is 323 days from the date of joining. As the respondent-workman has been working as an Instructor/Mechanical Instructor since 14.01.95 and he has worked for more than 6 months