ORDER :

1. Since common issue is involved in all the four appeals, therefore, they have been heard together and are being disposed of by this common order.

2. The instant appeals, preferred under Clause 10 of the Letters Patent, are directed against the order/judgment dated 21.10.2014 passed by learned Single Judge of this Court in W.P. (L) No. 1772 of 2004 and batch cases whereby and whereunder the Award dated 13.08.2003 passed in B.S. Case No. 03 of 1993, 04 of 1993, 05 of 1993 and 06 of 1993 has been quashed and set aside on the ground that the learned Labour Court has no jurisdiction to pass order under the provision of Jharkhand Shops and Establishment Act since Swarnarekha Multi Purpose Project is not establishment in terms of the definition of “establishment” as contained under Section 2(6) of the Jharkhand Shops and Establishment Act.

3. Brief facts of the case as per the pleadings made in the writ proceedings, which are required to be enumerated herein, read as under.

4. The appellants were working in Swarnarekha Multi Purpose Project from 01.11.1990 as security guard on daily wages of Rs. 24/- per day which was enhanced to Rs. 25.50 per day. They were terminated on 30.03.1993 and being aggrieved with their termination, they filed B.S. Case No. 03 of 1993, 04 of 1993, 05 of 1993 and 06 of 1993 before the learned Presiding Officer, Labour Court, Jamshedpur with a prayer for setting aside the order of discharge dated 30.03.1993 and for a further direction to reinstate them in service with all consequential benefits.

5. The respondent appeared before the learned Labour Court and filed show cause denying that the appellants were employees of Swarnarekha Multi Purpose Project, Adityapur Division.

6. It has also been stated that they were purely casual labours during the period from 01.11.1990 to 31.12.1990 under M/s. Industrial Security Agency, Adityapur who used to supply labourers to the respondent under the Agreement dated 01.08.1990. It was also denied that the appellants worked for more than six months.

7. The learned Labour Court, after hearing the parties, allowed B.S. Case No. 03 of 1993, 04 of 1993, 05 of 1993 and 06 of 1993 vide Award dated 13.08.2003 holding the Swarnarekha Multi Purpose Project is an Establishment and the appellants of B.S. Case No. 03 of 1993, 04 of 1993, 05 of 1993 and 06 of 1993 have worked for more than six months and therefore they are entitled to protection under section 26 (1) of the Bihar Shop & Establishment Act, 1953 and accordingly their termination order was set aside and the respondent was directed to reinstate the appellants with full back wages and other consequential benefits.

8. It appears from the fact, as referred hereinabove, that the appellants were working as Security Guards but were terminated from service and, as such, they have approached the Labour Court by filing application under Section 26(2) of the Shops and Establishment Act questioning the order of termination with a direction for their reinstatement in service with full back wages and consequential benefits.

9. The cases have been registered as B.S. Case No. 03 of 1993, 04 of 1993, 05 of 1993 and 06 of 1993. The learned Labour Court has issued notice to the Swarnarekha Multi Purpose Project, Kharkai Canal Division, Adityapur, Jamshedpur, upon which due appearance was made before the Labour Court wherein the show cause has been filed and the claim of the appellants have been denied on the ground that the appellants were purely casual labours and worked during the period from 01.11.1990 to 31.12.1990 having been outsourced from M/s. Industrial Security Agency, Adityapur by virtue of Agreement dated 01.08.1990.

10. The learned Labour Court has framed following issues:—

(a) Whether the Swarnarekha Multipurpose Project is an establishment?

(b) Whether the applicants were in service of O.Ps?

(c) Whether the applicants work for more than six months in Swarnarekha Multipurpose Project?

(d) Whether they are entitled for a relief as pr