Judgment

WANCHOO, J. : This is an appeal by special leave in an industrial mater. The appellant is the Standard Vacuum Refining Company of India Limited (hereinafter called the company). A dispute was raised by the workmen of the company (hereinafter called the respondents) with respect to contract labour employed by the company for cleaning maintenance of the refinery; (plant and premises) belonging to the company. The system in force in the company is that this work is given to contractors for a period of one year from October 1, to September 30. At the time when the reference was made the contract was with Ramji Gordhan and Company for the period from October 1, 1957 to September 30, 1958. On April 27, 1957, the respondents made a demand for abolition of the contract system that prevailed in the company and for absorbing the workmen employed through the contractors into the regular service of the company with retrospective effect from the date of their employment in the company through the contractors. The case of the respondents was that the contractor used to change sometimes from year to year with the result that the workmen employed by the previous contractor were thrown out