JUDGMENT :

SUJIT NARAYAN PRASAD, J.

1. The instant intra-court appeal, preferred under Clause 10 of the Letters Patent, is directed against the order/judgment dated 03.09.2019 passed by learned Single Judge of this Court in W.P. (L) No. 2196 of 2003 whereby and whereunder the Award has been declined to be interfered with by dismissing the writ petition.

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

It is the case of the 22 concerned workmen/respondent herein that they have been discharging the work of Plant Cleaning Mazdoor and removal of spillage. The Management of Dugda Coal Washery regularized 161 workmen who were working on the job of Plant Cleaning Mazdoor at Dugda Coal Washery during the period 1979-1980.

It is the further case of the workmen that subsequently 64 workmen have been employed on the basis of an Award dated 13.07.1992 passed in Reference No. 258/1990, wherein an order of regularization had been passed and against the said award, a writ petition being C.W.J.C. No. 157/1993(R) had been filed which was dismissed by the Hon'ble Ranchi Bench of Patna High Court and thereafter these 64 workmen have been regularized.

It is the case of the respondents that they have been discriminated as having not been allowed to work w.e.f. 18.02.1993 and since then they are out of employment.

The workmen raised an industrial dispute by submitting required application through the Union on 3.10.1991 which has been referred for conciliation and while conciliation was pending, they have been stopped from working w.e.f. 18.02.1993. Upon failure of conciliation the matter was taken up for consideration by the appropriate Government and by an Order No. L-20012/225/93-I.R. (Coal-I) dated 27.04.1994 the Central Government has referred the dispute for adjudication which was registered as Reference No. 106/1994.

Notice was issued to the Management and upon receipt of notice from the learned Tribunal, the Management appeared before the learned Tribunal and submitted its Written Statement stating that reference is not legally maintainable as there is no employer-employee relationship between the Management and the concerned persons at any point of time.

It has also been stated that no contractor was engaged on any job which has been prohibited by issuance of notification u/s 10 of the Contract Labour (Regulation and Abolition) Act, 1970.

The learned Tribunal by reasons of its award dated 08.01.2003 held that the 22 concerned persons are entitled to regularization and ordered to reinstate and regularized all 22 concerned workmen as Plant Cleaning Mazdoor subject to being found medically fit and below the age of superannuation.

Being aggrieved by the Award of the learned Tribunal, the appellant preferred W.P. (L) No. 2196/2003.

However, learned Single Judge, relying upon a judgment of this Court rendered in the case of Employer in relation to the Management of Rajrappa Washery of Central Coalfields Ltd. vs. The Presiding Officer, Central Government Industrial Tribunal No. 1, Dhanbad and Another, 2015 (4) JCR 673 and the fact that the case of the concerned persons is at par with 161 workmen regularized in the year 1980 and also 64 workmen regularized pursuant to the award passed in Ref. No. 258/1990, dismissed the writ application on the ground that these 22 workmen cannot be discriminated on the strength of one or other technical ground, against the aforesaid order passed by the learned Single Judge, the present intra-court appeal has been filed.

3. It is evident from the fact as referred hereinabove that the workmen, respondents herein, claimed to be in employment of the petitioner company since 1980 as Plant Cleaning Mazdoor.

The case of the workmen is that the management has regularized 161 coworkers as Plant Cleaning Mazdoor, leaving behind these 22 workmen. Subsequently also, 64 other workmen have been employed and these 64 workmen have raised industrial dispute wh