JUDGMENT

Dr. D.Y. CHANDRACHUD, J.

1. Leave granted.

2. The dispute in the present case relates to eighty eight workmen who had worked as ‘Tyndals’ at the Kenduadih Colliery (of the first respondent). On 14 May 1993 a Reference was made to the Industrial Tribunal by the appropriate government under Section 10(1)(d) of the Industrial Disputes Act, 1947, of the following dispute :

“Whether the demand of Rashtriya Colliery Mazdoor Sangh for employment of Shri Arjun Paswan and 87 others, as per list attached is justified? If so to what relief the workers are entitled”.

The job description of Tyndals required these workmen to be engaged in moving engineering stores, drums of oil and grease and they were also responsible for setting up and dismantling of structures, as well as the installation and withdrawal of machinery. The Industrial Tribunal by its Award dated 16 July 1996 held that :

“it is beyond the question that the persons worked under the contractor are genuine one who are the present workmen and they performed the job which was of permanent and perennial in nature and the person performing the same type of job in other collieries were regularized and so no doubt a stepmotherly