Oshiar Prasad and Others VERSUS The Employers in relation to Management of Sudamdih Coal Washery

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL No. 1389 OF 2015

(Arising out of SLP(C) No.33509/2011)

Oshiar Prasad and Others Appellant(s)

VERSUS

The Employers in relation to Management of Sudamdih Coal Washery of M/s BCCL,

Dhanbad, Jharkhand Respondent(s)

 

The respondent – M/s Bharat Coking Coal Ltd (hereinafter referred to as “the BCCL”) is a Government of India undertaking. It is engaged in the business of manufacture and sale of various kinds of coal. It has a colliery at Dhanbad, Jharkhand known as “Sudamdih Coal Washery”. On 24.07.1974, the BCCL invited tenders for construction of Washery on Turnkey basis for running the colliery. The contract was awarded toone Company – M/s MC Nelly, Bharat Engineering Company Ltd. (hereinafter referred to as “the Contractor”). An agreement was accordingly executed between the BCCL and the Contractor on29.01.1976. Since the execution of the work was to be done on turnkey basis, the Contractor was required to do everything to make the Washery operational. The work included the complete design of the Washery, supply of materials required for construction of plant, building, installation of machinery, all kinds of construction of the structures of Washery etc. Pursuant to the contract, the Contractor started the work in 1977 by employing several skilled and unskilled workers and completed the same by December 1979. After completion of the work, the Contractor terminated the employment of all the workers and offered them retrenchment compensation as per the provisions of Section 25of Industrial Disputes Act, 1947 (in short “the Act”)except 39 skilled workers, who were retained to look after the maintenance work of Washery after it was made operationalized. These 39 workers continued to work….read more