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ANUBHA RAWAT CHOUDHARY
Employers in relation to the Management of Kuchchi Balihari of M/s. Bharat Coking Coal Limited – Appellant
Versus
Presiding Officer, Central Government Industrial Tribunal No. 1 – Respondent
JUDGMENT :
Heard the learned counsel appearing on behalf of the parties.
2. This writ petition has been filed for quashing the Award dated 19.02.2001 of the Central Government Industrial Tribunal No.1, Dhanbad in Ref. No. 26 of 1993 (Annexure-7) whereby the reference has been answered in favour of the workmen. The Term of Reference was as follows: -
“Whether the demand of Bihar Colliery Kamgar Union (CITU) for regularisation of Shri Lall Babu Singh, Amulo Oraon, Sambhu Prasad, Kishun Dhobi, Ram Kumar Singh, Sanjay Singh, Ajoy Singh, Yogal Pandey, Randhir Singh, Amrit Oraon, Omesh Oraon, Nepul Oraon, Bhikhu Mahto, Nand Kishor Yadav, Vijoy Kumar Saw, Yugesh Thakur, Sudhir Rajak & Prabhu Paswan on the roll of BCCL and payment to them the wages as per NCWA with retrospective effect is justified? If so, to what relief these workmen are entitled?"
3. Arguments of the Petitioner.
(i) In this writ petition, the award has been challenged wherein a direction has been issued for regularization of 18 workmen.
(ii) It is submitted that the impugned award has been passed primarily by referring to the judgment passed by the Hon’ble Supreme Court reported in (1997) 9 SCC 377 (Air India Stat
The absence of proper contractor registration leads to a presumption of employer-employee relationship, entitling workmen to regularization in permanent jobs.
A worker engaged in jobs of permanent nature cannot be denied regularisation despite an intermediary contractor, and adverse inferences may be drawn against the management's lack of evidence.
The judgment establishes that the regularisation of contract workers is contingent upon the existence of a clear employer-employee relationship and compliance with relevant legal provisions, includin....
The court established that the automatic absorption of contract labour into permanent employment is not mandated by law, and the existence of a contractor-employee relationship precludes direct claim....
The court established that without clear evidence of direct employment, claims of an employer-employee relationship under contract labour provisions cannot succeed.
An unregistered trade union can represent workers collectively, and the status of employment should be determined by actual working conditions, not merely contractual labels, establishing permanent e....
The main legal point established in the judgment is the application of the test to determine direct employment of employees by the principal employer, focusing on the payment of salary and the contro....
The court recognized the importance of practical realities over contractual labels in determining employee status, concluding that long-term employees performing core duties are entitled to regulariz....
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