‘Same employer, perennial job’: After 40 years on contract, Calcutta High Court orders coal firm to regularise 16 workers

Four decades and counting

• The matter originates from a reference to the Central Government Industrial Tribunal (CGIT), Asansol’s 2010 order to departmentalise 16 workers.
• The tribunal has previously found that the management of the Bhojudih Coal Washery, which comes under BCCL, was unjustified in failing to departmentalise 16 workers employed in the maintenance of the water supply system.
• The 2010 award directed BCCL to treat these individuals as regular employees in the grade-I general mazdoor category, effective from their date of engagement, with all associated service benefits.
• BCCL challenged this award, arguing that the tribunal lacked jurisdiction under the Contract Labour (Regulation and Abolition) Act, 1970, and asserting that the work was seasonal, limited to channelling water during summer months.

BCCL’s stand

• Appearing for the BCCL, advocates Saikat Ray Chowdhury and Aritra Ghosh submitted that the tribunal adjudicating the issue under reference did not deal with the question while passing the impugned award.
• They further argued that the tribunal had no jurisdiction to pass the said award, and it was only the appropriate government who is the authority to consider the case under Section 10 of the Contract
• Labour (Regulation and Abolition Act), 1970.
• They submitted that under Section 10(1)(d) of the Industrial Disputes Act, 1947, the appropriate government could refer any dispute for adjudication before the Industrial Tribunal only where the matters are related to/specified in the second schedule or third schedule of the said Act.

Workers’ demand

• The union, on behalf of the workers, claimed the absorption of the contract workers upon comparing their work under Bhojudih Coal Washery with that of Dugda Coal Washery and Patherdih Coal Washery.
• They argued that since contract workers of the Dugda Coal Washery and the Patherdih Coal Washery were made permanent, their employment was also required to be made permanent on that ground.
• The union has urged for directions to the management for regularisation of the service of the referred workmen by taking them on the permanent roll of the company as category-1 general mazdoor, and allow them all the benefits with effect from January 1983.
• They further argued that the Bhojudih Coal Washery awards the contract and the contractors engage the labour. The same set of labour has been engaged on the said job for the last 40 years continuously.