S.N.Jha, J.

1. The dispute in this letters patent appeal arising from the judgment and order of the learned single Judge in C.W.J.C. No. 3133 of 1995(R) relates to abolition of contract labour in storage and handling work of scrap materials in the scrapyard of Telco Ltd., Jamshedpur, under the provisions of the Contract Labour (Regulation & Abolition) Act, 1970 (in short the Contract Labour Act) and regularisation of the services of the members of the respondent-Union as employees of Telco. The respondent-Union filed the aforesaid writ petition seeking implementation of the notification regarding abolition of contract labour in the aforesaid works under Sec. 10 of the Act. By the impugned judgment and order, the learned single Judge allowed the writ petition with certain consequential directions. The management has come in appeal.

2. Tata Engineering and Locomotive Company Limited (Telco), the appellant, is a company incorporated under the Companies Act engaged in the manufacture of automobiles, etc. having factory premises at Jamshedpur. In connection with its works, it employs a large number of workmen and also engages contractors for certain types of work who in turn engage their own labourers for executing such works. Dispute arose relating to employment of contract labour in the establishment of the appellant-company in view of the provisions of the Contract Labour Act and on December 16, 1977 a notification was issued prohibiting employment of contract labour in works relating to(a) production and maintenance of machines, (b) carrying of materials from the storages to the machines and back in different departments, (c) sweeping and cleaning of workshops, roads and drains within the factory premises, (d) stock taking and watch & ward, and (e) sanitation in the Telco colony. The said notification was published as SO 1721 on December 31, 1977. Writ petitions were filed by one Birsa Nagar Welfare Society and another before this Court as well as the Supreme Court. During the pendency of the case on February 14, 1980, a tripartite settlement was arrived at between the management and the Unions concerned with respect to absorption of contract labourers rendered unemployed due to abolition of contract system. As per the terms of the settlement, the contract labourers who were engaged in the works specified in the aforementioned five categories on rolls on July 31, 1979 and had put in minimum, one year service up to that date were to be enrolled as regular employees of the company with effect from January 1, 1980, subject to certain conditions, which are not required to be noticed in this case. One of the terms of the settlement was that in case of dispute as to the strength of the workmen in the aforementioned category, the Union would submit details to the management by March 15, 1980, followed by tripartite discussion if the management and the union are not able to resolve the dispute. Further, in case of anomaly or difficulty in the implementation of settlement the dispute was to be raised within three months and sorted out jointly by the management and the Union, and in case of difference the matter was to be referred to the Labour Department of the State Government for resolution. In this manner, it is said, between February 14, 1980 and March 22, 1982 about 2,500 workmen were absorbed in the service of the appellant-Company. The dispute, however, remained with respect to about 200 workers working in the scrapyard. Though as per the terms of the settlement, as mentioned above, the dispute was to be resolved bilaterally or, if necessary, through the intervention of the Labour Department, grievance was raised on the floor of the Bihar Legislative Assembly by one Shri Dinanath Pandey, Member of the Assembly. Another motion was made by one Shri Abhay Charan Lal, another Member. The Speaker referred the matter to the Petitions Committee of the House. After inquiry, the Petitions Committee submitted reports being Report N