( 1 ) A short but interesting question arises in this petition as to whether daily rated labourers on the Nominal Muster Roll of the Public Works Department (Irrigation) engaged for the purposes of diverse works in connection with construction and maintenance of medium size irrigation dam undertaken may the State Government as permitted by the Union Government with the assistance of the World Bank can be said to be workmen within the definition of the term as given in sec. 2 (s) of the Industrial Disputes Act 1947 The question arises in the following circumstances.

( 2 ) THE State Government had sought permission of the Union Government in 1972 for construction of Amli Dam over the river Ver in Mandvi taluka of Surat district. The Union Government granted the necessary administrative and technical sanction under the recommendation of the Central Water Power Commission in about April 1979 having estimated cost of Rs. 64. 419 million. The object of the construction of the dam inter alia was to provide (i) irrigation facilities (ii) flood control and (iii) protection to the people residing in the vicinity of the river concerned. The State Government acquired land in all