Research › Search › Judgment

Jharkhand High Court · body

2003 DIGILAW 1065 (JHR)

Management Of Bokaro Steel Plant v. V. S. Tiwary

2003-09-01

M.Y.EQBAL

body2003
JUDGMENT M.Y. Eqbal, J. 1. This writ petition at the instance of the petitioner-management has been filed for quashing the award dated 12th November 2002 passed in reference case. 8/93 whereby the Presiding Officer, Labour Court, Bokaro Steel City answered the reference in favour of the workmen and held that he is entitled to be regularized in the services of Bokaro Steel Plant and further entitled to promotional benefit at part with other workmen of the Bokaro Steel Plant of the same status. 2. The State of Bihar, Department of Labour, Employment and Training by notification dated 1.3.1993 referred the following dispute to the Labour Court for adjudication : "Whether Sri Vidya Sagar Tiwary daily wages, Library Assistant, Bokaro Steel Plant is an employee of Steel Plant? If Yes, the services of Sri Tiwary should be reinstated. If Yes, from what date?" 3. The admitted facts of the case of are that the concerned employee Sri V.S. Tiwary got employment as Library Assistant in the year 1981 and continuously worked in the Bokaro Steel Sports and Recreation Council and also time to time assigned duty of Library Assistant in the different departments of Bokaro Steel Plant. According the workmen he has been appointed by the management of Bokaro Steel Plant as casual library attendant but subsequently promoted as Library Assistant and continuously worked for more than 21 years, but his services was not regularized. The case of the management on the other hand was that the concerned workmen was never appointed by Bokaro Steel City rather he was engaged by Bokaro Steel Sports and Recreation council which is an autonomous body. The management further case was that appointment of workmen of Bokaro Steel Plant is done by recruitment board after following the recruitment rules. 4. Both the management and the workmen adduced the evidences and other documents in support of their respective cases. The Labour Court after considering the entire evidence and also taking notice of the judgment passed by this Court held that Bokaro Sport and Recreation Council is a department of Bokaro Steel Plant and is not autonomous body and that the relationship of employer and employee exist in between the management of Bokaro Steel Plant and the concerned workmen of that case. The said decision of the Single Judge has been affirmed in LPA No. 341/ 02. The said decision of the Single Judge has been affirmed in LPA No. 341/ 02. The management moved the Supreme Court in SLP No. 20343/02 which was dismissed on 1.11.2002. Taking notice of the above referred decision, I do not find any reason to differ with the finding recorded by the Labour Court that Bokaro Steel Sports and Recreation Council is a department of Bokaro Steel Plant and the relationship of employer and employee was existing between the management and the concerned workmen. 5. Besides the above, from perusal of the impugned award it appears that the Labour Court has considered all evidences and recorded its independent finding that the concerned workmen was under the employment of the management for the last 22 years. This Court under Article 226 cannot and shall not re-apprise the entire evidence and record a different finding. 6. With the reason aforesaid, I do not find any reason to interfere with the impugned award. This writ application is dismissed.