JUDGMENT:

(Arising out of SLP ( C) No. 594 of 2004

With

CIVIL APPEAL NO.2123 OF 2007

(Arising out of SLP (C) No. 12961 of 2003)

Dr. ARIJIT PASAYAT, J.

Leave granted.

Challenge in these appeals is to the orders passed by a Division Bench of the Bombay High Court directing reference to the Industrial Tribunal and granting interim protection to the workers in the Civil Appeal relating to SLP(C ) No. 594 of 2004.

First Respondent-General Employees Association (in short the Association) had questioned legality of the Circular dated 8.11.2000 issued by the Central Government conveying its decision refusing to abolish and prohibit contract labour in the Civil Works and Carpentry establishment of Rashtriya Chemicals and Fertilizers Ltd.-Respondent No.1, in W.P. No.7543/2000. It was alleged by the writ petitioner that respondent Nos. 5 to 8 in the writ petition (who are non-official respondent Nos. 4 to 7 in this appeal) were dummy and sham contractors. It was conceded by the writ petitioner that the said issue cannot be considered by the High Court in the writ jurisdiction under Article 226 of the Constitution of India, 1950 (in short the Constitution) and the appropriate forum - Industrial Tri