R.A.Sharma, J.

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

"1. Reference No. 32 of 1989 dated March 16, 1989: "Whether the action of the management of Sudamdih Colliery of BCCL in denying employment to Sri Karma Rout and 21 others with effect from July 9, 1977 is justified? If not, to what relief the concerned workmen are entitled?" and

2. Reference No. 35 of 1989 dated March 20, 1989 "Whether the action of the management of Sudamdih Area of BCCL in denying employment to Sh. Bhagwat Singh and 3 others, viz., Sri. Sapan, Karan Sahi and Shanti Thakur who were engaged as sump clearing mazdoors is justified? If not, to what relief are the workmen entitled?"

As the controversy involved in both the cases was the same, the Tribunal heard them analogously and answered the references in favour of the workmen declaring them to be the workmen of the principal employer, namely, the Management of Bharat Coking Coal Limited (hereinafter referred to as the management) and directing fo