( 1 ) THE Petitioner is aggrieved by an Award dated 18th June, 2001 passed by the Central Government Industrial Tribunal in I. D. No. 27/91. The impugned Award was notified under Section 17 of the Industrial Disputes Act, 1947 (the Act) on 22nd June, 2001.

( 2 ) SOME time in 1982 an industrial dispute was raised by a section of employees of the Petitioner that the Petitioner is indulging in unfair labour practices in respect of engagement of temporary, badli and part time employees in its establishments in the country. For the sake of convenience such temporary, badli and part time employees are hereinafter REFERRED TO as temporary employees.

( 3 ) AS a result of the dispute, the Central Government made a reference on 20th May, 1985 to the National Industrial Tribunal presided over by Justice R. D. Tulpule. The question referred for adjudication was as follows:-

" What should be the wages and other conditions of services of badli, temporary and part time worker of the Life Insurance Corporation of India as well as the conditions of their absorption in the regular cadre. "

( 4 ) IT appears that during the pendency of the reference, the Tulpule Tribunal passed an interim Award on 15th January, 1986 restraining the Petitioner from recruiting staff on a regular basis. Consequently, the Petitioner was compelled to recruit temporary employees to carry on its activities.

( 5 ) ON 17th April, 1986 the Tulpule Tribunal gave its Award. For the present, it is not necessary to go into the conclusions arrived at by the Tulpule Tribunal for reasons that will be apparent hereafter.

( 6 ) THE Petitioner was not satisfied with the Award given by the Tulpule Tribunal and, therefore, filed WP No. 1801/86 in the Bombay High Court. A learned Single Judge of the High Court was of the view that the Award was ad invitum and, therefore, by an order dated 14th August, 1986 the writ petition was dismissed.

( 7 ) THEREAFTER, some disputes arose with regard to the interpretation of the Tulpule Award, with the result that on 1st June, 1987, the Central Government made a reference under Section 36-A of the Act to the National Industrial Tribunal presided over by Justice S. M. Jamdar to interpret the Award. The terms of reference were as follows:-

"can the Award dated 17. 4. 1986 with special reference to paragraphs 44, 45, 46, 48, 49, 51, 52, 54, 55, 56, 57, 60, 64 and 66 and the interim order dated 14. 3. 86 be interpreted to mean that the Central office of the Life Insurance Corporation of India is empowered to issue instructions/guidelines as contained in their circular issued in this behalf to implement the directions of the Award. If not, what could be the correct interpretation of various directions covered by the said paragraphs in the circumstances of the case, whether the term "absorption REFERRED TO at various places in the Award can be interpreted to mean "recruitment"?"

( 8 ) DURING the pendency of the reference before the Jamdar Tribunal, it appears that an interim Award was passed on 29th June, 1987 once again restraining the Petitioner from making regular recruitments.

( 9 ) EVENTUALLY, on 26th August, 1988 the Jamdar Tribunal passed an Award called the Jamdar Award interpreting the Tulpule Award.

( 10 ) THE Petitioner was neither satisfied with the Tulpule Award nor was it satisfied with the Jamdar Award and, accordingly, on 7th November, 1988 the Petitioner filed SLP No. 14906/88 in the Supreme Court (The Management of Life Insurance Corporation of India vs. Their Workmen) challenging the validity of both the Awards.

( 11 ) DURING the pendency of the SLP, a compromise was arrived at between the Petitioner and eight out of nine of its Unions. Accordingly, on 1st March, 1989 the Supreme Court passed the following order in SLP No. 14906/88:-

"special leave is granted. It appears that out of nine Unions eight Unions said to be representing about 99% of the workers have entered into a compromise with the Management. In the circums