JUDGMENT :

1. The petitioner of Special Civil Application No.3105 of 2002 challenges the legality and validity of award dated 12th March 1999 passed by the Industrial Tribunal, Vadodara in Reference [IT] No.26 of 92, whereby the Industrial Tribunal has directed the petitioner society to regularize and make permanent the concerned workmen specified in the Schedule contained in the award itself w.e.f. 1/1/1996 and to grant all consequential benefits as a result of their regularization as permanent employees.

2. The petitioner No.1 is a Cooperative Society registered and the petitioner No.2 is a shareholder of the petitioner No.1 who was vitally interested in the management and affairs of the petitioner No.1 society at the material point of time.

2.1 The respondent is an Association which represented the workers employed in petitioner No.1 society and, at his instance, the dispute concerning the regularization of, in all 160 workers was espoused, which came to be referred by the appropriate government before the Industrial Tribunal, Vadodara, and the same came to be culminated into a Reference [IT] No.26/92.

2.2 The respondent union raised a demand with regard to regularization as perm