JUDGMENT

Rajendra Babu, J.-The management of the Bhugatdih Rise Area Colliery was taken over by the Central Government under the Coking Mines (Emergency Provisions) Act, 1971 which came into effect on October 17, 1971. Subsequently, the Colliery stood nationalised with effect from May 1, 1972 under the provisions of the Coking Coal Mines (Nationalisation) Act, 1972 (for short the Nationalisation Act ). 111 workmen who were working in these collieries were laid off by the management in 1971 and subsequently retrenched from service. Some of the workers of the Bhugatdih Colliery were taken back in employment though they were purely temporary workmen on daily basis. The Union of the workmen demanded employment of these 111 workers but the respondents did not employ them. Thereafter, a dispute whether the action of the management of Industrial Colliery of Messrs Bharat Coking Coal Limited in refusing employment to 111 workmen listed in the Annexure below was justified and, if not, to what relief are the said workmen entitled, was referred to the Industrial Tribunal.

2. The claim of the workmen before the Tribunal is that they are permanent workers and though they had been retrenched, t