JUDGMENT :

I.P. MUKERJI, J.

GENERAL FACTS

The status of six persons is in question in this appeal. Initially there were nine persons. Three of them are dead. Nine of them were:-

1) Sri Ashis Ganguly; 2) Sri Prafulla Misra; 3) Sri Prabhakar Hazra; 4) Sri Panchu Mondal; 5) Sri Biswanath Maity; 6) Sri Rajen Bera; 7) Sri Dipak Khara; 8) Sri Bablu Bag; 9) Sri Subhas Maity.

2. They claimed to be workmen of Hindustan Petroleum Corporation Ltd., the appellant and working in its canteen in the Paharpur LPG plant. According to the appellant, they were not. They were all partners of M/s Ten Friends Caterers (the Caterer), who are doing business in the plant under permission from the appellant. As partners, they share the profit and loss of the partnership business.

3. By an order dated 30th June, 1998 under Section 10(1)(d) and 2A of the Industrial Disputes Act, 1947, the Central Government referred the following dispute to the Central Government Industrial Tribunal, Kolkata:-

“Whether the action of the management of M/s. H.P.C.L., Paharpur for regularizing the services of canteen employees at Budge Budge and not regularizing the services of the workmen working in the canteen under M/s. Ten Friend