JUDGMENT

Rajendra Babu, J.-A reference was made to the Industrial Tribunal, Allahabad under the Industrial Disputes Act, 1947 as to whether it is justified for the appellant not to give work to 88 workmen whose names are mentioned in the Annexure to the reference order from the date indicated against each one of them and, if not, what consequential benefits should be given to them.

2. In the pleadings raised before the Tribunal, the workmen contended that they were engaged directly by the appellant but later on to evade the liability arising under the law, started showing them as mazdoor employed through a contractor and such entries are fake. The stand of the appellant has been that they are the employees of the contractor, if at all, and, therefore, they are governed by the Contract Labour [Regulation and Abolition] Act, 1970 and they are not entitled to any relief. Evidence was adduced before the Tribunal and five witnesses were examined on behalf of the workmen in support of their case and each one of them stated that the workmen in question were appointed by the officers of the appellant and the work was also assigned by them, under their instructions the workmen carried out the