Judgment

RANGANATH MISRA, J.-These are two appeals by special leave at the instance of the Union representing the workmen and challenge is to the reversing decision of the Division Bench of the High Court in two writ appeals - one filed by the employer-company and the other by the workmen through their Union.

2. The State Government of Tamil Nadu by order dated May 11, 1981 made a reference under Section 10(l)(d) of the Industrial Disputes Act, 1947 (hereafter Act for short) to the Industrial Tribunal of the following dispute :

"Whether the non-employment of the following workers is justified; if not, to what relief are they entitled ? To compute the relief, if any awarded in terms of money, if it could be so computed." A list of 186 workmen was appended to the reference. The Union itself had come into existence on October 1, 1980. It had written to the Company on October 14, 1980 that despite several years of service rendered by casual employees they were not being confirmed and were deprived of benefit and facilities applicable to permanent workmen.

3. Before the Tribunal the employer and the workmen filed their respective statements. On November 25, 1981, on behalf of the workmen a