JUDGMENT :

Dr D.Y. CHANDRACHUD, J.

1. The Appellant, which is a registered trade union, espoused the cause of the workmen engaged at Balihari Colliery under Bharat Coking Coal Limited (BCCL). Of the 20 original workmen, 14 are left in the fray. In 1993, a reference was made by the appropriate government under Section 10(1)(d) of the Industrial Disputes Act, 1947 to the Central Government Industrial Tribunal at Dhanbad on the demand raised by the workmen for regularisation. The reference was as follows:-

“Whether the demand of Rashtriya Colliery Mazdoor Sangh for regularization of the workmen on the role of Balihari Colliery of M/s BCCL Ltd., and payments to them of wages as per N.C.W.A. is justified? If so, to what relief the workmen are entitled?”

The Industrial Tribunal delivered an Award on 9 September 1996 in the above mentioned reference, Reference 26 of 1993. By its Award, the Industrial Tribunal allowed the reference in the following terms:-

“The management of BCCL is directed to regularise the concerned workmen as per annexure of the reference as permanent employee as per NCWA in Cat. I within three months from the date of publication of this Award with the wages and other am