JUDGMENT

Harjit Singh Bedi, J. —

1. This appeal after special leave arises out of the following facts :

2. The appellant, the Oil and Natural Gas Commission (hereinafter called the “ONGC”) is engaged in the exploration for oil and natural gas. In 1997, the ONGC started its drilling operations in the district of Cachar and for that purpose engaged a large number of staff in various fields, initially through contractors. These employees later formed the ONGC Contractual Workers Union (hereinafter called the “Union”) which is the contesting respondent in this matter. The Union raised a dispute demanding the regularization of the services of its members. This demand was resisted by the ONGC and on the failure of conciliation proceedings, the State Government made a reference to the Industrial Tribunal.

3. The parties before the Industrial Tribunal filed their pleadings and also recorded their evidence. The Tribunal in its award dated 11th July 1994, held that the members of the Union were indeed the employees of the ONGC and a direction was accordingly issued that their services be regularized in a phased manner with pay and other allowances, as permissible to regular employees. This