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2008 DIGILAW 1116 (JHR)

Gulab Chand Yadav v. Bharat Coking Coal Limited

2008-09-12

D.K.SINHA, GYAN SUDHA MISRA

body2008
Order This appeal has been preferred against the judgment dated 13th July, 2007 passed by the learned Single Judge in W.P.(L) No. 3340 of 2001 by which the learned Single Judge had been pleased to allow the writ petition in favour of the petitioner M/s Bharat Coking Coal Limited, Dhanbad setting aside the award dated 20th March, 2001 passed in favour of the appellant-workmen. 2. From perusal of the facts giving rise to this appeal, it is clear that the petitioners had got a reference initiated for their regularization in the B.C.C.L. which was contested by the Management of B.C.C.L. as it was contended that the appellant-workmen had neither been engaged by the management of the B.C.C.L. nor they had been paid wages by the respondent-management of B.C.C.L. Thus, the relationship of the employer and employee was not proved by the appellant and hence the question of their absorption in the B.C.C.L. had no legal basis. The Labour Court, however, had passed the award in favour of the appellant-workmen relying upon the ratio of the decision delivered in the matter of Air India Statutory Corporation vs. United Labour Union and Ors. reported in 1997 Labour Industrial Cases 365, where the employer was held liable to absorb and regularize the workmen who had been engaged through the contractor. However, the said view no longer exists in view of the decision delivered "in the matter of Steel Authority of India Ltd. and Ors. vs. National Union Water Front Workers and Ors. reported in 2001 (7) S.C.C. 1 . The workmen engaged by the intermediary contractor, could not be allowed to claim regularization with the company which had no relationship with the employee engaged by the contractor. 3. Since the appellant-workmen failed to establish the relationship of employer and employee with the respondent B.C.C.L., the appeal against the judgment passed by the learned Single Judge cannot be entertained. This appeal is, therefore, dismissed.