ORDER :

1. In view of outbreak of COVID-19 pandemic, case has been taken up through Video Conferencing. Concerned lawyers have no objection with regard to the proceeding, which has been held through Video Conferencing today at 10:30 a.m. onwards. They have no complaint in respect to the audio and video clarity and quality.

2. The petitioner has approached this Court for quashing of the Award dated 07.08.2013 passed by the learned Presiding Officer, Central Govt., Industrial Tribunal No.2, Dhanbad in Reference Case No.13/1997 by which the demand of the Union for regularization of the services of concerned workmen with the Management of Dugda Coal Washing of M/s BCCL is totally unjustified and as such, concerned workmen are not entitled to any relief for departmentalizing/regularizing workmen in their respective position.

3. The case of the petitioner lies in a narrow compass. The workmen concerned of petitioner-Union namely Shri Jogesh Prasad, Gyanchand Singh and Sivbachan Singh had been performing the maintenance job of permanent /perennial nature from 1985 and were under direct control and supervision of BCCL. The concerned workmen were also engaged for the work of maintenance of water supply from the intake well to all coal washery and were doing other works as directed by his superior authority and continuously worked for more than 9 years i.e. from 1985 to 1994 under different contractors engaged by the management from time to time and as such, they represented before the Management for regularization of their services and release of wages as per law, but it went in vain. Thereafter, the Union raised the industrial dispute before the A.L.C (C) on 05.03.1994; however, during the pendency of conciliation proceeding, the Management stopped taking work from the workmen concerned w.e.f. 28.12.1994.

4. Thereafter, the Govt. of India, Ministry of Labour has referred the industrial dispute for adjudication before the learned Central Govt. Industrial Tribunal No.2, Dhanbad with the following Schedule:

"Whether the demand of the Union for regularization of the services of S/Shri Jogesh Prasad, Gyandhand Singh and Sivbachan Singh with the management of Dugda Coal Washery of M/s BCCL is justified? If so, to what relief are the concerned workmen entitled ?"

5. Upon the receipt of the same, the learned Tribunal registered the same as Ref. No. 13 of 1997 and issued notices upon the respective parties to submit their written statement, rejoinder, etc. The petitioner-Union/concerned workmen submitted their written statement and prayed for regularization of services of concerned workmen with the Management of the Dugda Coal Washery. Upon receipt of the notice and written statement of the petitioner-workman, the respondent-Management appeared before the learned Tribunal and filed rejoinder.

6. The learned Tribunal, after hearing the parties at length and after perusing the documents and evidences brought on record, came to the conclusion vide Award dated 07.08.2013 that the demand of the Union for regularization of the services of S/Shri Jogesh Prasad, Gyanchand Singh and Shivbachan Singh with the Management of Dugda Coal Washery of M/s BCCL is totally unjustified. So the concerned workmen are not entitled to any relief. Aggrieved by the same, the petitioner-Union has been constrained to knock the door of this Court, challenging the Award dated 07.08.2013.

7. Mr. Swapan Maji, learned Counsel for the petitioner submits that the learned Tribunal without considering material facts passed an award on 07.08.2013 in favour of the Management and as such, the impugned Award is illegal. The non-consideration of documents and facts of the case, which were relied upon by the petitioner/workmen/Union is improper exercise of power by the learned Tribunal. He further submits that as the concerned workmen were engaged by the Management through different Contractors, but their jobs were permanent nature and they worked for more than 9 years on low payment, the pet