ARIJIT PASAYAT, J. - The appellant calls in question the legality of the judgment rendered by a Division Bench of the Patna High Court upholding 9 the judgment of the learned Single Judge. By the said judgments certain persons were held to be workmen of the appellant.

2. Factual background in a nutshell is as follows:

The Central Government in exercise of power under Section 10 of the Industrial Disputes Act, 1947 (in short "the Act") referred the following two disputes for adjudication to the Central Government Industrial Tribunal h No.1, Dhanbad (hereinafter referred to as "the Tribunal"):

"Reference No. 32 of 1989 dated 16 - 3 - 1989

1. Whether the action of the management of Sudamdih Colliery of M/s BCCL in denying employment to Shri Karma Rout and 21 others with effect from 9 - 7 - 1977 is justified? If not, to what relief the workmen concerned are entitled? and

Reference No. 35 of 1989 dated 20 - 3 - 1989

2. Whether the action of the management of Sudamdih area of M/s BCCL in denying employment to Shri Bhagwat Singh and 3 others viz. Shri Sapan, Karan Sahi and Shanti Thakur, who were engaged as sump cleaning mazdoors is justified? If not, to what relief are the workmen entit