Aniruddha Bose, J.

The petitioners before me are Steel Authority of India Limited (SAIL), a public sector organization. In this writ petition, they have challenged the legality of an award passed by the learned Judge, 9th Industrial Tribunal, Durgapur on 4th September 2009 directing them to treat one hundred and fifty nine persons as workmen of the management. According to SAIL, these persons were engaged by the contractors of the Company for undertaking intermittent jobs, and were not employees of SAIL. The award further directs the Company to give identical pecuniary benefits and other service benefits to the persons covered by it at par with other workmen already admitted in the company's roll and such benefits have been directed to be extended with effect from 24th January 2005, being the date of reference of the dispute to the Tribunal.

2. This award was passed on the basis of reference made to the Tribunal by the State Government by an order issued in terms of Section 10(2A) of the Industrial Disputes act, 1947 bearing no. 65-I.R/I.R/10I-50/2002 dated 17th January 2005 in respect of the dispute between the parties on two issues. These issues were:-

"1. Whether the clai