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IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.S. RAMACHANDRA RAO, C.J., DEEPAK ROSHAN
Their workmen being represented by the Rastriya Colliery Mazdoor Sangh – Appellant
Versus
Employers in relation to the Management of Gopalichak Colliery under Putkee Balihari Area of M/s Bharat Coking Coal Limited – Respondent
JUDGMENT :
M.S. Ramachandra Rao, C.J.
1. This Letters Patent Appeal is preferred challenging the judgment dated 05.07.2023 of the learned Single Judge in W.P.(L) No. 1018 of 2010.
2. The said Writ petition had been filed by the respondents herein challenging the award dt. 20.10.2009 of the Central Government Industrial Tribunal No. 1, Dhanbad ( for short ‘the Tribunal’) in Reference No. 101 of 1995.
The reference
3. The said reference had been made by the Central Government for adjudication of the following issue:-
“Whether the claim of Rastriya Colliery Mazdoor Sangh, Dhanbad for regularisation of services of Sri Jiban Kumar Sarkar and 63 others (as per list Annexed) by the Management of Gopalichak Colliery of M/s. Bharat Coking Coal Limited is justified? If not, to what relief the concerned workmen are entitled?
4. Before the Tribunal, the appellant/workmen, which had sought the reference, as well as the respondents/Management filed pleadings and also led oral and documentary evidence.
The case of the appellants/workmen
5. The workmen had contended before the Tribunal that they had been regularly and continuously working since 1989 and doing important jobs like installation of machinery,
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 absence of proper contractor registration leads to a presumption of employer-employee relationship, entitling workmen to regularization in permanent jobs.
Adverse inference can be drawn against employers for withholding evidence that could substantiate workers' claims for regular employment, necessitating reconsideration of their claims.
The burden of proof for continuous service of 240 days rests on the workman, and mere self-serving statements are insufficient to establish this claim.
The court determined that the tribunal misapplied the law regarding employment and erred in concluding the existence of an employer-employee relationship, necessitating the annulment of the reinstate....
The court affirmed that the burden of proof regarding employment status lies with the employer, and evidence presented by workmen established their continuous employment, justifying compensation awar....
The termination of an employee without due process is illegal, and the burden of proof lies with the employer to substantiate claims of non-employment.
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 court confirmed that permanent employment requires formal appointment procedures, and mere long service does not grant entitlement to regularisation without mandated legal protocols.
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